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Kiran Bhai Kapadiya s/o Narayan Bhai – Director & Partner., Rasik Bhai s/o Girdhar Bahi – Director., Praveen Bhai s/o Narayan Bhai – Director., Subhash Hada – Ex-Regional Manager of M/s. Karan Agri Genetics Pvt. Ltd. Versus The State of Rajasthan, Shri Ashok Kumar Kamediya s/o Late Shri Pema Ram Kamediya, b/c Kamediya (Jat) – Proprietor M/s. Hariyali Khad Beej Agency, Anaj Mandi, Bikaner and resident of C-116, Samtanagar, Bikaner (Rajasthan)

2017 (11) TMI 160 - RAJASTHAN HIGH COURT

Offence under Negotiable instruments Act - Reason available for the complainant to have escaped the liability - FIR was lodged by the complainant on 01.03.2016 as a counter-blast - Held that:- It is apparent that the cheques were submitted in 2015 and as soon as the aforesaid legal notice dated 09.12.2015 under Section 138 of the Negotiable Instruments Act was served upon the complainant on 15.12.2015 and a letter was sent by the complainant on 21.12.2015, as a counterblast, the present FIR has .....

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gotiable Instruments Act would be nothing but an abuse of the process of law. - Learned Public Prosecutor has shown the case diary, and the case diary does not reflect any answer to the counterblast criminal proceedings, as it is reflected by the documents that the cheques were actually issued by the complainant, and even if some kind of dispute regarding the multiple Firms, or the words ‘Private Limited’ is there, the same can be a good defence for the complainant at the time of contesting .....

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ate. Mr.Pankaj Gupta Mr.Rajendra Singh (C.O.) Sardar, Bikaner ORDER 1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred against FIR No.42 dated 01.03.2016 registered at Police Station, Bichhwal, District Bikaner for the offences under Sections 420, 406, 467, 468, 471 and 120B IPC. 2. The interim order, in this case, was passed on 28.03.2016 and is continuing till date. 3. Learned counsel for the petitioners has submitted that the amount outstanding towards M/s. Hariyali .....

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by the Bank on 24.11.2015, 30.11.2015 and 25.11.2015 respectively. 5. The legal notice dated 09.12.2015 under Section 138 of the Negotiable Instruments Act was served upon the complainant on 15.12.2015. On 21.12.2015, a letter was sent by the complainant, denying the outstanding amount of the cheques, and thereafter, the cases were filed on 25.01.2016 bearing Cases No.71/2016, 72/2016 and 73/2016 under Section 138 of the Negotiable Instruments Act in respect of the aforesaid three dishonoured ch .....

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rds Private Limited and created a forged document. 8. Learned Public Prosecutor has stated that the detailed status report has been submitted, in which the details of the investigation have been mentioned. 9. In support of his submissions, learned counsel for the petitioners relied upon the precedent law laid down by the Hon ble Apex Court in D.P.Gulati, Manager Accounts, M/s.Jetking Infotrain Vs. State of Uttar Pradesh & Anr., reported in 2015 AIR SCW 6051, relevant paras 7 to 9 of which re .....

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the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashment raised by an accused by invoking the power vested in the High Court Under Section 482 Code of Criminal Procedure: 30.1. Step one: whether the material relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality? 30.2. Step two: whether the material relied upon by the accused would rule out the a .....

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cution/complainant? 30.4. Step four: whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice? 30.5. If the answer to all the steps is in the affirmative, the judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it Under Section 482 Code of Criminal Procedure. Such exercise of power, besides doing justice to the accused, would save precious court time, which wo .....

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al Procedure. At the same time we should not allow a litigant to file vexatious complaints to otherwise settle their scores by setting the criminal law into motion, which is a pure abuse of process of law and it has to be interdicted at the threshold." In Rishipal Singh (supra), the complainant, who was an accused in connection with an offence punishable Under Section 138 of the Act, had filed a criminal complaint relating to offences punishable Under Sections 34, 379, 411, 417, 418, 467, 4 .....

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e State of Rajasthan & Anr. (S.B.Criminal Misc. Petition No.1490/2017 decided on 21.08.2017), which reads as under:- 1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing the registration and investigation of FIR dated 15.04.2017 bearing No.203/2017 registered at Nohar Police Station, District Hanumangarh for the offences under Sections 379, 420, 452, 467, 468, 471 and 120-B IPC. 2. The allegation against the present petitioner is that the complainant is r .....

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ere stolen by the present petitioner. 3. Learned counsel for the petitioner pointed out that in the FIR itself, it is written that on 29.03.2017, the complainant received an SMS from the Axis Bank that cheques No.3132 and 3133 pertaining to payment of ₹ 1,50,000/- each have been presented before the Bank by the present petitioner. On receiving such SMS, the respondent has initiated the requisite proceedings. 4. Learned counsel for the petitioner has argued that on the face of it, the FIR i .....

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he petitioner also argued that it is a clear case of counterblast and to escape the liability under the Negotiable Instruments Act, the FIR has been lodged, as the complainant was very well aware that those cheques were with the present petitioner and they shall have to face the liability under the Negotiable Instruments Act. 6. Learned counsel for the petitioner has relied upon the precedent law laid down by the Hon ble Apex Court in Vineet Kumar & Ors. Vs. State of U.P. & Anr., reporte .....

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evision Petition was filed which was dismissed by Delhi High Court on 16.01.2009. The order of Additional Sessions Judge has been extracted by this Court in paragraph 14 which is quoted below: 14. Dissatisfied with the action of the trial Court in framing charges against him, the Appellant-accused filed Criminal Revision Petition No. 08 of 2009, whereby he assailed the order dated 1.12.2008 passed by the Additional Sessions Judge, New Delhi. The Delhi High Court dismissed the revision petition o .....

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the Accused contending that there was sufficient material collected in the investigation which proved that allegations were unfounded and the prosecution of the Appellant was an abuse of process of the Court. In paragraph 23 this Court noted several circumstances on the basis of which this Court held that judicial conscience of the High Court ought to have persuaded it to quash the criminal proceedings. This Court further noticed that Investigating Officer has acknowledged, that he could not fin .....

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ecutrix had herself approached the High Court, with the prayer that the first information lodged by her, be quashed. It would therefore be legitimate to conclude, in the facts and circumstances of this case, that the material relied upon by the Accused has not been refuted by the complainant/prosecutrix. Even in the charge sheet dated 28.6.2007, (extracted above) the investigating officer has acknowledged, that he could not find any proof to substantiate the charges. The charge-sheet had been fi .....

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h Court ought to have persuaded it, on the basis of the material available before it, while passing the impugned order, to quash the criminal proceedings initiated against the accused- Appellant, in exercise of the inherent powers vested with it Under Section 482 of the Code of Criminal Procedure. Accordingly, based on the conclusions drawn hereinabove, we are satisfied, that the first information report registered Under Sections 328, 354 and 376 of the Indian Penal Code against the Appellant-ac .....

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given to the High Court Under Section 482 Code of Criminal Procedure is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the Categories as illustratively enumerated by this Court in State of Haryana v. Bhajan Lal. Judicial process is a solemn proceeding which cannot .....

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eeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge. Above Category 7 is clearly attracted in the facts of the present case. Although, the High Court has noted the judgment of the State of Haryana v. Bhajan Lal, but did not advert to the relevant facts of the present case, materials on which Final Report was submitted by the .....

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in concern was received by the complainant on 29.03.2017, the complaint was lodged on 30.03.2017. 8. Learned counsel for the respondent submitted that the quick action of the respondent shows that in fact he was the sufferer of the theft of the cheques at the hands of the present petitioner, who made use of the transition period in the shop of the complainant and stole the cheques, on the pretext of accounting for the transactions between the parties in the shop. 9. After hearing the learned co .....

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ceeding, which amounts to the abuse of the process of law and instituted with an ulterior motive and the Court has to act at the threshold, as enumerated in the precedent law laid down by the Hon ble Apex Court in State of Haryana & Ors. Vs. Ch.Bhajan Lal & Ors.,1992 Supp.(1) SCC 335, condition No.7 of which in relation to interference by the Court with the proceedings reads as under:- 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is mal .....

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ecedent law cited by learned counsel for the petitioner, the present misc. petition is allowed and the impugned FIR dated 15.04.2017 bearing No.203/2017 registered at Nohar Police Station, District Hanumangarh is quashed and set aside. The stay application also stands disposed of. 11. Heard learned counsel for the parties and perused the record of the case alongwith the precedent law cited at the Bar. 12. The condition No.7 of the precedent law laid down by the Hon ble Apex Court in State of Har .....

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fect reason for granting indulgence in a case of Negotiable Instruments Act for the Court to stop abuse of the process of the malicious criminal proceedings instituted with ulterior motive for wreaking vengeance on the accused. 13. It is apparent that the cheques were submitted in 2015 and as soon as the aforesaid legal notice dated 09.12.2015 under Section 138 of the Negotiable Instruments Act was served upon the complainant on 15.12.2015 and a letter was sent by the complainant on 21.12.2015, .....

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