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2023 Supreme(Del) 3683

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sudhir Kumar Jain, J.
Hansraj Bansal – Appellant
Versus
State & Anr. – Respondents
Crl.Rev.P. 228 of 2017 & Crl.M.A. 10831 of 2019, Crl.Rev.P. 229 of 2017 & Crl.M.A. 10739 of 2019, Crl.Rev.P. 230 of 2017, Crl.Rev.P. 233 of 2017 & Crl.M.A. 10742 of 2019, Crl.Rev.P. 234 of 2017, Crl.Rev.P. 235 of 2017, Crl.Rev.P. 236 of 2017, & Crl.M.A. 10741 of 2019, Crl.Rev.P. 237 of 2017, Crl.Rev.P. 238 of 2017 & Crl.M.A. 10740 of 2019 and Crl.Rev.P. 239 of 2017 & Crl.M.A. 10743 of 2019
Decided On : 12-09-2023

Advocates appeared:
Crl.Rev.P. 228/2017 & Crl.M.A. 10831/2019
Mr. Bharat Gupta and Mr.Varun Tyagi, Advocates, for the Petitioner.
Mr. Utkarsh, APP, for State/R1.
Mr. Prince Arora, Advocate, for R-2.
Mr. Amit Kumar Singh and Mr. Rohit Rexwal, Advocates, for R-2 in CRL.REV.P. 229/2017 & CRL.M.A. 10739/2019 and CRL.REV.P. 234/2017 and CRL.REV.P. 235/2017 and CRL.REV.P. 237/2017.

Headnote:(A) Negotiable Instruments Act, 1881 - Section 138 - Punjab Registration of Money Lenders Act, 1938 - Non-payment of cheques issued for loans - Complainant filed multiple complaints under Section 138 for dishonour of cheques; trial court dismissed complaints citing the lack of a license under the Money Lenders Act - The court reversed this decision, asserting that the trial court erred by dismissing complaints at a pre-trial stage without allowing the presentation of evidence about the complainant's status as a money lender and without sufficiently addressing the relationship of the Money Lenders Act to criminal liability under Section 138. (Paras 5, 9, 11, 12, 13)

JUDGMENT

1. The petitioner as complainant filed criminal complaints under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") against the respondents no. 2 being accused, bearing no 269/13 (subject matter of Crl. Rev. Petition bearing no 228/2017) titled as Hansraj Bansal Vs. Abdul Ahad on basis of cheque bearing no.188868 dated 05.04.2009 amounting to Rs.11,71,600/- drawn on ICICI Bankwhich returned unpaid due to Payment Stopped by Drawer; 346/13 (subject matter of Crl. Rev. Petition bearing no 229/2017) titled as Hansraj Bansal Vs. Abdul Ahad on basis of cheque bearing no 176236 dated 15.03.2009 amounting to Rs.11,10,000/- drawn on ICICI Bank which returned unpaid due to Payment Stopped by Drawer; 265/13 (subject matter of Crl. Rev. Petition bearing no 230/2017) titled as Hansraj Bansal Vs. Farooq @ Bablu on basis of cheque bearing no.911692 dated 24.06.2012 amounting to Rs.5,00,000/- drawn on Punjab National Bank which returned unpaid due to Signature of the Drawer was not according to Mandate; 298/13 (subject matter of Crl. Rev. Petition bearing no 233/2017) titled as Hansraj Bansal Vs. Sarfaraz Ahmed on basis of cheque bearing no 078864 dated 05.04.2009 amounting to Rs.3,32,500/- drawn on Standard Chartered Bank which returned unpaid due to Insufficiency of Funds; 725/13 (subject matter of Crl. Rev. Petition bearing no 234/2017) titled as Hansraj Bansal Vs. Arshad Ahmedon basis ofcheque bearing no 791221 dated 10.06.2011amounting to Rs.2,00,000/- drawn on South Indian Bank Ltd. which returned unpaid due to Want of sufficiency of Funds; 948/13 (subject matter of Crl. Rev. Petition bearing no 235/2017) titled as Hansraj Bansal Vs. Farooq @ Babluon basis of cheque bearing no.911693 dated 28.06.2013 amounting to Rs.3,00,000/- drawn on Punjab National Bank which returned unpaid due to Signature of the Drawer Differs; 227/13 (subject matter of Crl. Rev. Petition bearing no 236/2017) titled as Hansraj Bansal Vs. Sarfaraz Ahmed on basis of cheque bearing no.078860 dated 21.02.2009 amounting to Rs.9,60,000/- drawn on Standard Chartered Bank which returned unpaid due to Insufficiency of Funds;478/13 (subject matter of Crl. Rev. Petition bearing no 237/2017) titled as Hansraj Bansal Vs. Shis Pal Tomar on basis of cheque bearing no.636617 dated 17.03.2009 amounting to Rs.2,50,000/- drawn on HDFC which returned unpaid due to Insufficiency of Funds; 464/13 (subject matter of Crl. Rev. Petition bearing no 238/2017) titled as Hansraj Bansal Vs. Abdul Ahad on basis of cheque bearing no 188868 dated 05.04.2009 amounting to Rs.11,71,600/- drawn on ICICI Bank which returned unpaid due to Payment Stopped by Drawer and 401/13 (subject matter of Crl. Rev. Petition bearing no 239/2017) titled as Hansraj Bansal Vs. Sarfaraz Ahmed on basis of cheque bearing no.078861 dated 20.03.2009 amounting to Rs.14,90,000/- drawn on Standard Chartered Bank which returned unpaid due to Insufficient Fund. The petitioner also filed other complaints under section 138 of the Act which are bearing no.387/13 titled as Hansraj Bansal Vs. Sabir Ali; 100/13 titled as Hansraj Bansal Vs. Komal Parshad; 354/13 titled as Hansraj Bansal Vs. Sher Pal Nagar; 585/13 titled as Hansraj Bansal Vs. Vinod Kumar; 456/13 titled as Hansraj Bansal Vs. Salim @ Guddu and bearing no.022/13 titled as Hansraj Bansal Vs. Manju Gupta. The respondents no 2 and other accused did not pay the cheque amounts despite legal notice. Hence the petitioner filed present complaints. The petitioner led pre-summoning evidence in all complaints and thereafter cognizance was taken against the respondents in all complaints for offence punishable under section 138 of the Act. Notice under section 251 Cr. P.C. was stated to be given to the respondents no 2 to which they pleaded not guilty and filed applications under section 145(2) of the Act which were stated to be replied by the petitioner.

2. The petitioner in complaint bearing no 346/13 titled as Hansraj Bansal Vs. Ab

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