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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AARTI TREHAN AND ANOTHER – Appellant
Versus
M/S SUPER OILS – Respondent
JUDGMENT :
MANISHA BATRA , J.
1. The instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure seeking quashing of criminal complaint bearing No.93195 of 2022 titled as M/s Super Oils v. Aarti Trehan and another as well as the order dated 18.03.2023 passed by the Court of Judicial Magistrate First Class, Ludhiana in the abovesaid complaint thereby summoning the petitioner for commission of offence punishable under Section 138 of Negotiable Instruments Act, 1881 (For short “NI Act”).
2. Brief facts relevant for the purpose of this petition are that the aforementioned complaint has been filed by the respondent- complainant which is a partnership firm on the allegations that the petitioner No.1 is proprietor of petitioner No.2 firm and is managing and controlling affairs of the firm as such being responsible for its day to day work. She had contacted the complainant who is a supplier of industrial oils and lubricants for purchase of the same. As per the terms settled between them, she was to make payment of the purchased goods promptly and was to pay interest @ 18% per annum. The petitioner No.1/her firm started making purchases from the respo
The court reiterated that issues around cheque liability under Section 138 NI Act must be decided at trial, underscoring the necessity for allegations in complaints to be accepted as true at the quas....
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
The court held that a cheque issued as security does not invalidate a complaint under Section 138 of the Negotiable Instruments Act, and factual disputes must be settled at trial.
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.
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