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ANSHUMAN
Anil Kumar Niraj Son of Hare Ram Jha – Appellant
Versus
State of Bihar through Principal Secretary Home Department – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no.4.
2. The petitioner has filed the present application for quashing the F.I.R. Dighalbank P.S. Case No. 32 of 2021 registered under Sections 420 and 406 of the I.P.C. read with Section 138 of N.I. Act.
3. Counsel for the petitioner submits that upon bare reading of the F.I.R., it transpires that main allegation is relating to bouncing of cheque. He further submits that it is crystal clear under section 142(1) (a) of the N.I. Act that “no Court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;”
4. Counsel for the State submits that after going through the content of the F.I.R., it transpires that there are ingredients of sections 420 and 406 of I.P.C. as well as section 138 of the N.I. Act.
5. Counsel for the informant submits that the petitioner was granted bail vide order dated 02.07.2021 in A.B.P. No. 265 of 2021 on the conditions that he shall pay 20% of the cheque bounce amount to the informant. He further submits that a pet
The presence of specific sections in the FIR prevented its quashing, and the petitioner was allowed to raise the plea of Section 142(1)(a) of the N.I. Act at an appropriate stage before the appropria....
The distinction between civil and criminal liability, emphasizing the need for fraudulent, dishonest intention to establish criminal liability.
Criminal Law - Dishonoure of Cheque - Quash of FIR - Complaint under Section 138 of NI Act, criminal cases have now been filed against petitioners, as aforesaid, cannot itself be a ground for quashin....
Point of Law : Inherent jurisdiction under Section 482 Cr.P.C. though wide, has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specificall....
The court clarified the distinction between the elements of offences under Section 138 of the NI Act and Section 420 of the IPC.
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