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IN THE HIGH COURT OF RAJASTHAN
Mr. Vijay Bishnoi, J.
Dinesh Shrangi S/o Sh. Brij Mohan Shrangi - Appellant
Versus
M/s. Rajshree Enterprises - Respondent
Criminal Misc(Pet.) No. 3917 of 2016
Decided On : 18-05-2018
Counter Blast - Negotiable Instrument Act - The court dismissed a petition to quash a criminal complaint under Section 138 of the Negotiable Instrument Act, stating that the fact of lodging an FIR and filing a charge sheet by the police can only be raised by the petitioner before the trial court as a defense at the appropriate stage.
Fact of the Case:
The petitioner filed a petition to quash a criminal complaint under Section 138 of the Negotiable Instrument Act, claiming it to be false and frivolous due to a prior FIR and charge sheet filed by the police against the proprietor of the respondent-Firm.
Finding of the Court:
The court dismissed the petition, stating that the fact of lodging an FIR and filing a charge sheet by the police can only be raised by the petitioner before the trial court as a defense at the appropriate stage.
Issues: Petitioner's claim of the complaint being false and frivolous due to a prior FIR and charge sheet filed by the police against the proprietor of the respondent-Firm.
Ratio Decidendi: The fact of lodging an FIR and filing a charge sheet by the police can only be raised by the petitioner before the trial court as a defense at the appropriate stage.
Final Decision: The criminal misc. petition to quash the complaint under Section 138 of the Negotiable Instrument Act was dismissed.
JUDGMENT
Vijay Bishnoi, J. - This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner with a prayer for quashing of the criminal complaint No.555/2016 pending before the Special Judge, NI Act No.1, Jodhpur Metropolitan, Jodhpur under Section 138 of the Negotiable Instrument Act.
2. The said compliant is initiated by the respondent complaining about dishonoring of a cheque bearing No.000082 dated 21.09.2015.
3. Learned counsel for the petitioner has submitted that as a matter of fact, in respect of said cheque, the petitioner filed FIR No.250/2015 at Police Station Chopasani Housing Board, Jodhpur on 28.09.2015 with the allegation that the said cheque stolen by the proprietor of the respondent-Firm and his brother. It is submitted that the police after thorough investigation into the FIR lodged by the petitioner has filed charge sheet against the proprietor of the respondent-Firm for the offences punishable under Sections 420, 406, 380 and 120-B of IPC.
4. Learned counsel for the petitioner has therefore submitted that from the above fact, it is clear that the complaint filed by the petitioner under Section 138 of the Negotiable Instrument Act is false and frivolous and it is nothing but a counter blast to the FIR filed on behalf of the petitioner, hence, the proceedings against the petitioner under Section 138 of the Negotiable Instrument Act are liable to be set aside.
5. Having heard the learned counsel for the petitioner, I am of the opinion that the factum of lodging of FIR filed by the petitioner against the proprietor of the respondent-Firm and filing of charge sheet by the police in the said FIR against the accused persons for the offences punishable under Sections 420, 406, 380 and 120-B IPC can only be raised by the petitioner before the trial court as his defence at appropriate stage before the trial court and simply on the basis of this fact, the complaint against the petitioner under Section 138 of the Negotiable Instrument Act cannot be set aside by this Court while exercising powers under inherent jurisdiction.
6. With these observations, this criminal misc. petition is dismissed. Stay petition also stands dismissed.
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