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SAMEER JAIN
Dinesh Chand Sharma S/o Shri Bhagwat Swaroop Sharma – Appellant
Versus
Savitri Devi W/o Shri Kishori Lal – Respondent
ORDER :
1. The instant petition is filed under Section 482 of Cr.P.C. assailing the order dated 03.10.2023 passed by learned Additional District and Sessions Judge No. 3, Alwar, in Criminal Appeal No. 23/2019 titled as Dinesh Vs. Savitri whereby, the application filed by the petitioner under Section 391 of Cr.P.C. read with Section 311 Cr.P.C. and Section 65 of the Indian Evidence Act was dismissed.
2. In a nutshell, the factual narrative of the instant matter is that the complainant filed a complaint under Section 138 of Negotiable Instruments Act (hereinafter referred to as the NI Act) on 10.01.2011, before the learned Trial Court against the petitioner. Therein, it was stated that the complainant had given Rs. 4,00,000/- (Rupees Four Lacs Only) to the petitioner collateral to a cheque (dated 06.12.2010) of the same amount. Howsoever, the said cheque got dishonored and the complainant, received a letter dated 11.12.2010 with a remark “account closed.” Aggrieved of the aforementioned the complainant after serving a legal notice, filed a complaint registered as Criminal Complaint No. 718/2015, before the Addl. Civil Judge (S.D.) and Judicial Magistrate No. 2, Alwar (Annexure-1). It i
The court affirmed that timely prosecution and vigilance in asserting rights are crucial in cases under the Negotiable Instruments Act.
Presumption against the drawer of the cheque, dishonour of cheques due to closure of the account, and the petitioner's failure to rebut the presumption.
Payment of a part or whole of the sum represented on a cheque between the period when the cheque is drawn and when it is encashed upon maturity reduces the legally enforceable debt on the date of mat....
The dishonour of cheques and the existence of a legally enforceable debt must be proved, and the presumption under section 139 of the NI Act can only be rebutted with strong evidence.
The main legal point established in the judgment is the prohibition against filing a second revision petition under the garb of Section 482 CrPC, as well as the need for expeditious disposal of cases....
The determination of the date of receipt of notice and the commencement of the statutory period for filing a complaint under Section 138 of the NI Act.
Point of Law : Postponement of issue of process - The dictum is when Magistrate holds inquiry himself, it is not compulsory that he should examine The witnesses and in suitable cases Magistrate can e....
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
Conviction under Section 138 of the Negotiable Instruments Act affirmed, emphasizing the necessity of due process in criminal trials and the validity of a Magistrate's authority.
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