2021 (9) TMI 721 - HC - Indian Laws

Dishonor of Cheque - applicant moved an application for discharge, stating therein that the cheque has not been presented before the bank within prescribed period, as such, proceedings under Section 138 of Negotiable Instruments Act cannot be drawn against him - HELD THAT - All the submissions/ objections can very well be raised during the course of trial and not at this stage, here only prima facie case is to be seen, as such, impugned order dated 01.05.2014 needs no interference by this Court at this stage. Present application under Section 482 CrPC is devoid of merit - Application dismissed.

Summary

Issues:
1. Application under Section 482 CrPC to quash orders in a complaint case under Section 138 of Negotiable Instruments Act.
2. Allegation of cheque dishonor and legal notice for payment.
3. Dismissal of discharge application by trial court.
4. Challenge to trial court's order in criminal revision.
5. Dispute regarding presentation of cheque within prescribed period.

Analysis:
1. The judgment involves an application under Section 482 CrPC seeking to quash orders passed in a complaint case under Section 138 of the Negotiable Instruments Act. The applicant sought to challenge the order dated 01.05.2014 passed by the Chief Judicial Magistrate, Jhansi, and the order dated 18.11.2013 passed by the Judicial Magistrate, Room No.12, Jhansi.

2. The complaint alleged that the applicant issued a cheque to the Opposite Party No.2, which was dishonored upon presentation to the bank. Subsequently, a legal notice was sent to the applicant for payment, but the amount remained unpaid. The trial court, after due consideration, summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act.

3. The applicant filed a discharge application, contending that the cheque was not presented within the prescribed period, thus challenging the proceedings under Section 138. However, the trial court rejected the discharge application, stating that disputed facts would be considered during the trial, leading to the filing of the criminal revision against this order.

4. During the proceedings, the applicant argued that the cheque was not presented within the stipulated time, making the initiation of proceedings under Section 138 invalid. On the contrary, the State and the opposite party contended that the cheque was presented within the prescribed period but was dishonored due to insufficient funds, justifying the trial court's decision to dismiss the discharge application.

5. The court, after considering the submissions from both sides, held that the objections and submissions could be raised during the trial, emphasizing that only a prima facie case needed to be established at this stage. The court concluded that the impugned order did not warrant interference and dismissed the application under Section 482 CrPC as devoid of merit.

This detailed analysis of the judgment provides a comprehensive overview of the legal issues involved and the court's reasoning behind dismissing the application seeking to quash the orders related to the complaint under the Negotiable Instruments Act.