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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Lakshita Marketing – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. facts of cheque dishonour under ni act (Para 3) |
| 2. legal considerations on taking cognizance (Para 4) |
| 3. judicial limits in revisional jurisdiction (Para 5) |
| 4. outcome of the revision petitions (Para 6) |
ORDER :
1. These three revision petitions have been filed on behalf of the petitioner, M/s Lakshmi Marketing & M/s H. Gangara, Singhi assailing the common judgment dated 30.06.2014 passed in Criminal Revision Nos.290/2013, 291/20213 & 09/2014 by the learned Sessions Judge, Bikaner, in the exercise of revisional jurisdiction, whereby the order taking cognizance dated 22.03.2013 passed by the learned Special Judicial Magistrate (NI Act) No.1, Bikaner in three separate complaint Nos.260/2013, 261/2013 & 262/2013 were quashed and set aside.
2. With the consent of learned counsel for both parties, all three matters—being factually and legally similar—were heard together and are being disposed of by this common order.
3. Briefly stated, the facts relevant for the adjudication of these petitions are as follows:
3.1. The petitioner, M/s Lakshmi Marketing & M/s H. Gangaram, being the complainants in all three criminal complaints, instituted a prosecution under Section 138 of the
The court emphasized that taking cognizance under the Negotiable Instruments Act requires a prima facie case, and detailed scrutiny of evidence is inappropriate at this stage.
The court upheld that preliminary satisfaction of allegations, not detailed merits, suffices for cognizance under the Negotiable Instruments Act.
Cognizance under Section 138 of the Negotiable Instruments Act requires a written complaint from the payee, not merely a police report, ensuring adherence to procedural law.
The court upheld the conviction under Section 138 of the NI Act, emphasizing that the revisional jurisdiction does not allow interference unless findings are grossly erroneous.
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