Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 954 - HC - Indian LawsDishonor of Cheque - no averments in the sale agreement regarding the cheque - no notice given nor take any action to get back the cheque - Section 138 of Negotiable Instruments Act - HELD THAT:- The learned Judicial Magistrate has dismissed the petition after analysing the merits of the case. It is only the duty of the buyer to check the condition of the vehicle before he purchase the car. Admittedly, the vehicle is with the petitioner till now sale agreement for the car also filed. But, there is no averments in the sale agreement regarding the cheque as stated in the petition. The petitioner neither send any notice nor take any action to get back the cheque, before the 2nd respondent had initiated action against this petitioner - Only after getting notice in the proceedings under Section 138 of Negotiable Instruments Act, he gave the complaint to police. He can very well contest the case which is pending under Section 138 of Negotiable Instruments Act, with all the above averments in the petition. He cannot prefer a private complaint against the respondents in the reasons stated in the petition. If a bare perusal of a complaint or the evidence led in support of it shows that the essential ingredients of the offence alleged are absent or that the dispute is only of civil nature or that there are such patent absurdities in evidence produced that it would be a waste of time to proceed that it would be a waste of time to proceed further, the complaint could be properly dismissed under Section 303 of Cr.P.C. In the case on hand, there is no essential ingredients of the offence alleged in the petition under Sections 406, 417, 420 r/w 109 of IPC are absent - this Court has not find any reasons to interfere with the findings of the impugned order passed by the learned Judicial Magistrate, Aabasamuthiram, Tirunelveli District. This Criminal Revision Case stands dismissed.
|