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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Varang Krishnakant Thaker – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. facts regarding negligence and legal action (Para 2) |
| 2. arguments of petitioner and respondent regarding cheque validity (Para 3 , 4) |
| 3. court's reasoning on jurisdiction and burden of proof (Para 5 , 6 , 7 , 8) |
| 4. court's decision and dismissal of the petition (Para 9 , 10 , 11) |
ORDER :
J. C. DOSHI, J.
Though served, none appears for the respondent No.2.
1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code”) as well as under Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the proceedings of Criminal Case No.3532 of 2016 filed u/s 138 of the NI Act pending before the learned CJM, Ahmedabad Rural
2. Facts of the case are as under :-
2.1. Petitioner father approached to India from US alone by Doing Journey alone to Ahmedabad. With Consulting to Dr. Apurva Parekh petitioner took his father to respondent no.2 hospital for Dayalisis.
2.2 Petitioners father complained for generalized weakness and loss of appetite chills with rigors therefore again consulting to the Dr. Apurva Parekh, father of the petitioner again admitted in respondent no.2 Hospital.
2.2 Petit
Disputed questions of fact regarding the enforceability of a cheque under Section 138 of the NI Act cannot be adjudicated at the pre-trial stage; legal presumptions apply until evidence is presented.
The issuance of a cheque implies liability under the NI Act, and courts should not quash complaints based on disputed facts without trial.
The court held that a cheque issued as security does not invalidate a complaint under Section 138 of the Negotiable Instruments Act, and factual disputes must be settled at trial.
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
The court reiterated that issues around cheque liability under Section 138 NI Act must be decided at trial, underscoring the necessity for allegations in complaints to be accepted as true at the quas....
(1) Dishonour of cheques – Legal presumption of cheque having been issued in discharge of liability must also receive due weightage.(2) To non-suit complainant, at the stage of summoning order, when ....
Dishonour of cheque – In exceptional circumstances, Court may take notice of attending circumstances to conclude that continuance of proceedings would amount to abuse of process of Court, or where qu....
The court reaffirmed that the presumption of liability under Section 139 of the Negotiable Instruments Act must be established through evidence at trial, not pre-trial.
A cheque issued to discharge an immoral debt does not constitute a legally enforceable debt under Section 138 of the N.I. Act, making the complaint non-maintainable.
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....
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