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RAJESH BHARDWAJ
Jatinder Pal @ Bhangi – Appellant
Versus
State of Punjab – Respondent
RAJESH BHARDWAJ, J.
1. The present petition has been filed under Section 482 Cr.P.C praying for quashing of complaint bearing no. 68/2014 dated 25.7.2014 filed under section 138 of Negotiable Instruments Act pending in the court of learned SDJM, Anandpur Sahib, summoning order dated 25.7.2014 (Annexure P-2) and order dated 30.8.2016 (Annexure P-6).
2. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case. He submits that petitioner had been prosecuted by respondent no.2 by way of filing a complaint under Section 138 of Negotiable Instruments Act on the basis of allegations that the complainant-respondent no.2 was having friendly relations with him and thus the petitioner had borrowed a sum of Rs.1,50,000/- from him for some domestic purpose. It has been further alleged that the petitioner issued a cheque bearing no.000323 dated 19.2.2014 of Rs.1,50,000/- drawn on ICICI Bank in favour of the complainant respondent no.2, however, on presentation of the same the cheque was dishonoured with the remarks “Insufficient Funds” vide memo dated 20.2.2014. Thereafter, respondent no.2 presented the cheque twice for encashment but the same was
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.
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
The accused has the responsibility to present a defense before the Metropolitan Magistrate's Court and follow the due procedure of law as provided under the N.I. Act and the Cr.PC.
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.
An invalid cheque, due to bank merger, does not attract liability under Section 138 of the Negotiable Instruments Act; courts can quash proceedings lacking legal enforceability.
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.
Point of Law : Hon’ble Supreme Court observed that, Section 139 of N.I. Act, includes a presumption that there exists a legally enforceable debt or liability, which is a rebuttal one.
The validity of a cheque is essential for the initiation of proceedings under the Negotiable Instruments Act, and the presentation of the cheque within its validity period is crucial for the applicab....
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