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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Original Infraventures Private Limited, through its authorized representative and Director Munish Vats – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding arising out of Complaint Case No.2091 of 2022 including the order taking cognizance dated 31.03.2022 passed by learned Judicial Magistrate, Ranchi and all subsequent proceedings pending before the learned trial Court of the said complaint case, as well as the order dated 12.03.2024 passed by the learned Additional Judicial Commissioner-VIII, Ranchi in Criminal Revision No.511 of 2023 whereby and where under the learned Additional Judicial Commissioner-VIII, Ranchi dismissed the criminal revision.
3. The brief fact of the case is that the petitioners are the accused persons of the said Complaint Case No.2091 of 2022. The admitted case of the petitioner is that the petitioner issued a cheque for Rs.1,08,000/- to the complainant. The complainant presented the said cheque with its banker, but the said cheque was dishonored and the cheque return memo bore the remarks ‘account closed’. As even after the demand of the cheque amount needed by
Sending replacement cheque in closed cover refused by payee does not amount to payment under Section 138 NI Act Proviso (c) as payee must possess money; compounding requires complainant's consent.
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....
The burden of proof lies on the complainant to establish the legally enforceable debt, and without documentary evidence, presumption under NI Act cannot be invoked.
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before t....
Even a blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption under Section 139 of Negotiable Instruments Act.
The legal provisions of the NI Act create a deeming offence for dishonour of cheques and establish a presumption of debt or liability upon the holder of the cheque, with a reverse onus cast on the ac....
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.
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.
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