SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Chh) 141

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas, J.
Chirag Combines Through : Proprietor/Director Himanshu Batawia - Petitioner
Versus
Mahesh Chhabra @ Baggi and ors. – Respondents
Cr.M.P. No. 727, 686, 687, 728 of 2017
Decided On : 18-08-2021

Advocates:
Advocate Appeared:
For the Petitioner:Mr. N. Naha Roy, Advocate.
For the Respondent:Mr. Ashutosh Shukla, Advocate.

Headnote:

Criminal Procedure Code,1973 - Sections 482, 397, 256, 219 322 and 258 - Negotiable Instruments Act, 1881 - Section 138 - Cheques are dishonoured - Demanding payment to tune - purchased mobile phone sets from petitioner - Chirag Combines has filed these petitions under Section 482 of the Cr.P.C. against order passed in Criminal Case - complaint under Section 138 of Negotiable Instruments Act, 1881 has been dismissed for want of prosecution and discharged respondents/accused from offence under Section 138 of the NI Act - Petitioner are that petitioner is a distributor of Samsung Mobile phones - During course of business, respondents have purchased mobile phone sets from petitioner - Respondent has issued the following cheques in favour of the petitioner payable at Dena Bank, Branch Katora Talab, Shailendra Nagar, Raipur, towards sale consideration. The details of CRMP - Company has presented the aforesaid cheques for clearance in HDFC Bank, GE Road, Raipur wherein petitioner is maintaining the said accounts - Endorsement that cheques are dishonoured on account of “insufficient balance” in the bank account – Held, Court of Chhattisgarh has issued Practice Directions on trial Court is directed to follow the Practice Direction issued by this Court and considering facts of case that case has been filed before learned Judicial Magistrate First Class in the year - It is directed that learned trial Court shall made endeavour to complete trial within one year from the date of appearance of parties - Parties are directed to appear before learned trial court No fresh notice is required to be issued for appearance of parties - Amicus Curiae in their preliminary report and written submissions and not considered herein, shall be subject matter of deliberation by the aforementioned Committee - CRMPs are allowed

ORDER :

1. Since common question of law & facts are involved in all the petitions under Section 482 of the Cr.P.C, therefore, they are heard together analogously and are being disposed of by this common order. [For deciding these CRMPs, facts of Cr.M.P. No. 727/2017 is being considered].

2. Petitioner – Chirag Combines has filed these petitions under Section 482 of the Cr.P.C. against the order dated 21.03.2017 passed in Criminal Case Nos. 788/2013, 787/2013, 786/2013 & 789/2013, respectively whereby complaint under Section 138 of the Negotiable Instruments Act, 1881 (henceforth “NI Act”) has been dismissed for want of prosecution and discharged the respondents/accused from the offence under Section 138 of the NI Act.

3. The brief facts as projected by the petitioner are that the petitioner is a distributor of Samsung Mobile phones. During course of business, the respondents have purchased mobile phone sets from the petitioner. The respondent has issued the following cheques in favour of the petitioner payable at Dena Bank, Branch Katora Talab, Shailendra Nagar, Raipur, towards sale consideration. The details of CRMP, cheque Numbers and amount are given under table form as under :

CRMP No.

Cheque No.

Date of issuance of cheque

Amount

Bank Account number

CRMP No. 727/2017

584283

28.12.2012

Rs.1,47,200/-

130313031009

CRMP No. 728/2017

584284

29.11.2012

Rs.1,29,300/-

130313031009

CRMP No. 686/2017

584287

03.12.2012

Rs.2,39,260/-

130313031009

CRMP No. 687/2017

583761

10.11.2012

Rs.1,38,811/-

130313031009

4. The Petitioner – Company has presented the aforesaid cheques on 08.02.2013 for clearance in HDFC Bank, GE Road, Raipur wherein the petitioner is maintaining the said accounts. The said cheques were dishonoured and the same were returned to the petitioner with an endorsement that the cheques are dishonoured on account of “insufficient balance” in the bank account of the drawer i.e. the respondents herein. The petitioner, on being informed by the Bank vide a note dated 8.2.2013, sent a legal notice dated 9.3.2013 to the respondents demanding the payment to the tune of Rs.1,47,200/-, Rs.1,29,300/-, Rs.2,39,260/- & Rs.1,38,811/-, respectively which were served upon the respondents on 12.03.2013 at their residential address. Even after receipt of notice, respondents/accused did not make the aforesaid payment to the petitioner – Company, therefore, as per provisions contained in Section 138 of the NI Act i.e. after service of notice upon the respondents, the petitioner filed complaint case under Section 138 of the NI Act before the Judicial Magistrate, First Class, Raipur, which were registered as Complaint Case Nos. 788/2013, 787/2013, 786/2013 & 789/2013, respectively.

5. Learned trial Magistrate, after recording of primary evidence of the petitioner, has registered the complaint and issued notices to the respondents/accused. The charges have not been framed against the respondents. The case was fixed on 21.3.2017 for appearance of the parties. On the said date neither the complainant/petitioner nor his counsel was present whereas on behalf of respondents/accused, their counsel appeared. Since the petitioner/complainant has not appeared on the date of hearing, the trial Magistrate has dismissed the aforesaid complaints for want of prosecution and discharged the respondents/accused of the offence under Section 138 of the NI Act. These orders are being challenged by the petitioner by filing four petitions under Section 482 of the Cr.P.C.

6. Since the respondents/accused have been discharged by the learned trial Magistrate, the petitioner has an alternative remedy of filing revision petition under Section 397 of the Cr.P.C. before the concerned Sessions Judge. The petitioner has not exhausted the remedy available to him under Section 397 Cr.P.C for filing revision, therefore, th

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        Judicial Analysis

        SupremeToday

        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon Back to top