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JYOTSNA REWAL DUA
Shailza Huddone (Sain) – Appellant
Versus
Bal Krishan Rawat – Respondent
JUDGMENT :
The petitioner is accused in the complaint instituted by the respondent under Section 138 of the Negotiable Instruments Act (in short ‘N.I. Act’). She has invoked the restrictive jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (Cr.PC) for quashing of this Complaint bearing No.83-3 of 2015 (Bal Krishan Rawat Versus Shailza Huddone) pending before the learned Judicial Magistrate 1st Class, Jubbal, District Shimla.
2. Facts in brief:-
2(i). The respondent preferred complaint under Section 138 of the Act on 06.03.2013. Petitioner was accused therein. The averments in the complaint are that the respondent/complainant is Agriculturist and Horticulturist by profession. In September, 2011, the respondent gave a sum of Rs.50 Lakh to help out the husband of the petitioner. The amount was lent on loan to petitioner’s husband in order to help him to take apple orchard on contract basis in District Kinnaur. The complainant was promised return of the loan amount by the petitioner within a couple of months. The respondent/ complainant had accordingly lent Rs.50 Lakh to the petitioner. For discharging this liability, the petitioner/ accused issued post-dated
It is well settled that Section 482 Cr.PC endows restrictive jurisdiction, which has to be exercised in accordance with law based upon facts scenario of each case.
Section 482 of Cr.P.C; can be exercised only for the purpose either to protect the interest of justice or to save the abuse of process of law.
Quashing of FIR is an exception rather than an ordinary rule, and the High Court should exercise the powers under Section 482 Cr.P.C sparingly with circumspection.
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....
Point of Law : Criminal Law - Offence of Dishonoured of Cheque - Inherent powers of High Court - Impugned order of issuance of process to the petitioner does not suffer from any illegality or infirmi....
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
The presumption of a legally enforceable debt under the Negotiable Instruments Act remains until disproven, and the determination of such issues is a matter for the trial court.
The complainant must prove that the cheque was issued for a legally enforceable debt or other liability to establish an offense under Section 138 of the Negotiable Instrument Act.
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