Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (4) TMI HC This

  • Login
  • Cases Cited
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2022 (4) TMI 358 - HC - Indian Laws


Issues:
Petition filed under Section 482 of Cr.P.C. for quashing Complaint Case No. 230/2021 under Section 138 of Negotiable Instrument Act. Application under Section 309 of Cr.P.C. filed by petitioner. Maintainability of complaint case for dishonour of cheque under Section 138 and 139 of Negotiable Instrument Act. Prayers for quashing the complaint case and direction to investigate.

Analysis:

The respondent filed a complaint under Section 138 of the Negotiable Instrument Act against the petitioner for dishonour of a cheque issued for the purchase of an offset machine. The petitioner had paid a significant amount but failed to pay the remaining sum, leading to the cheque being dishonoured. The respondent initiated the complaint based on the dishonoured cheque and alleged discrepancies in the petitioner's signature. The petitioner, in turn, filed an application under Section 309 of the Cr.P.C. citing a separate complaint under the Consumer Protection Act against the respondent for recovery of damages. The trial court endorsed the application and listed the case for further proceedings.

The respondent opposed the petitioner's prayer for quashing the complaint case, arguing that the proceedings under Section 138 and 139 of the Negotiable Instrument Act were maintainable as the petitioner had admitted issuing the cheque. The respondent's counsel relied on various legal precedents to support their argument, emphasizing the validity of the complaint case against the petitioner.

Upon hearing both parties and examining the available material, it was observed that the complaint case had been registered under Section 138 of the Negotiable Instrument Act based on the dishonoured cheque. The petitioner's application under Section 309 of the Cr.P.C. claimed the pending complaint under the Consumer Protection Act as a ground for non-maintainability of the present petition. The court referred to a Supreme Court judgment in a similar matter, highlighting the importance of considering all contentions and defenses during the trial rather than dismissing the complaint at an early stage.

In light of the facts and circumstances of the case, the court concluded that the criminal proceeding under Section 138 of the Negotiable Instrument Act for the dishonour of the cheque was maintainable. As a result, the petition seeking to quash the complaint case was deemed devoid of merits and dismissed accordingly.

 

 

 

 

Quick Updates:Latest Updates