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ANOOP CHITKARA
Jitendra Singh – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Anoop Chitkara, J.:-
| FIR No. | Dated | Police Station | Sections |
| 0094 | 26.05.2017 | Hoshiarpur, Sadar Hoshiarpur | 406/420 IPC |
1. Seeking quashing of FIR captioned above on the ground that a similar case under the Negotiable Instruments Act was filed by the complainants and dishonor of cheque cannot be construed as a deliberate intention to cheat and a malicious act on the part of the issuer, the accused has come up before this court under Section 482 CrPC.
2. I have heard counsel for the petitioners as well as private respondents and also gone through the pleadings.
3. The petitioners’ case is that an FIR was registered for embezzlement of Rs.1.59 crores, whereas the complainants/respondents No.2 & 3 had also separately instituted criminal complaints under Section 138 of Negotiable Instruments Act (in short ‘NIA’) (Annexures P-2 & P-3) for the same amount, which violates his fundamental right under Article 20(2) of the Constitution of India being double jeopardy.
4. A perusal of Annexure P-2 reveals that the complaint was for the dishonor of a cheque amounting to Rs. 49 lacs, and similarly, Annexure P-3 was filed for the dishonor of a
: Offences under Section 138 of NI Act and Section 420 of IPC are distinct from each other and principle of double jeopardy or rule of estoppel does not come into play.
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
(1) Cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance.(2) When a cheque is issued and is treated as ‘security’ ....
The main legal point established in the judgment is that allegations in a complaint should be accepted at face value at the pre-trial stage, and the trial court should have the opportunity to weigh t....
The main legal point established in the judgment is that a dispute primarily civil in nature, such as non-payment under a contractual liability, does not necessarily constitute an offence under Secti....
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.
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....
A drawer of a cheque may incur liability under Section 138 of the Negotiable Instruments Act unless they can sufficiently rebut the statutory presumptions of consideration and debt.
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