9911796707
TMI Blog2024 (6) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... VERSUS THE STATE OF JHARKHAND ANR. [ 2021 (11) TMI 66 - SUPREME COURT] (Since Deceased) through his son wherein, it has been held that ' If in a transaction, a loan is advanced and the borrower agrees to repay the amount in a specified timeframe and issues a cheque as security to secure such repayment; if the loan amount is not repaid in any other form before the due date or if there is no other understanding or agreement between the parties to defer the payment of amount, the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the same is dishonoured, the consequences contemplated under Section 138 and the other provisions of N.I. Act would flow.' In view of the above, when the case under Section 138 of the Negotiable Instruments Act was already filed by the petitioner-company, opposite party no. 2 was having all the opportunity to defend the case in that pending complaint case and without doing so, he has filed the present complaint case implicating the petitioners. The Court comes to a conclusion that the present case is arising out of an agreement and the dispute, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly entering into a criminal conspiracy to encash the cheques provided to the petitioners under the agreement dated 31.05.2012 by forging and fabricating bills of huge amount despite no material having been supplied. The complainant has further alleged that the petitioners have illegally tried to encash the aforementioned cheque and, thereafter, initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881. The complainant has also alleged that the petitioners have committed criminal breach of trust, cheating, forgery for the purpose of cheating and utilizing the same for personal gains of the petitioners. 6. Mr. Indrajit Sinha, learned counsel appearing for the petitioners submits that in the year 2012, petitioner-company being desirous of expanding its operation in Bokaro district of Jharkhand entered into discussions with opposite party no. 2 through Mr. Manoj Bhalotia, who is son of opposite party no. 2 to act as the Clearing and Forwarding Agent (C F Agent) of the petitioner-company. As per the various discussions between the parties, M/s New City Agency was to act as the C F Agent of the petitioner-company for clearing and handling the cement consignments rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso undertaken to pay further amount. He submits that the petitioner-company again called upon M/s New City Agency to pay the complete outstanding amount prior to 31.03.2017 and, thereafter, when the amount was not paid, one cheque was presented before the Bank of Baroda, Raipur Branch in the State of Chhattisgarh. The said cheque was not honoured and, thereafter, the company filed complaint case under Section 138 of the Negotiable Instruments act in the Court of the learned Judicial Magistrate, 1st Class, Tilda-Neora, Raipur, State-Chhattisgarh. He submits that the said case was filed by the company on 15.01.2019, in which, the learned Court at Raipur, Chhattisgarh has been pleased to issue summons to opposite party no. 2 on 28.01.2019 and after knowing about filing of the said case before the competent Court at Chhattisgarh, the present complaint case has been filed by the complainant on 29.03.2019. He submits that even if any case is made out i.e. civil in nature and for that, criminal case has been filed, which is malicious. He submits that only to save the skin in the case filed at Chhattisgarh, the present complaint case has been filed maliciously against the petitioners, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of mind and role of lower judiciary in preventing abuse of court process has been considered by the Hon'ble Supreme Court in the case of Krishna Lal Chawla and others v. State of Uttar Pradesh and another, reported in (2021) 5 SCC 435 , wherein, in paragraphs 16, 17, 20, 21, 22 and 23, it has been held as under: Role of the lower judiciary in preventing abuse of court process 16. We find it imperative to observe that this is a case that should not have been allowed to reach as far as this Court. The justice dispensation machinery in India is plagued with backlogs, with 70% of the pendency before the subordinate courts being on the criminal side. [Roshni Sinha, Examining Pendency of Cases in the Judiciary , PRS INDIA (8-8-2019).] A significant factor in this backlog is the vast mass of frivolous litigation instituted year after year by litigants with an intent to use the courts of justice for their own mischievous ends. Curtailing such vexatious litigation is, thus, a crucial step towards a more effective justice system-a step that cannot be taken without the active involvement of the lower judiciary, especially in criminal proceedings. 17. Immediately after the criminal jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... straint, capacity to maintain dignity are the additional aspects which go into making the Court's functioning successful. 22. Frivolous litigation should not become the order of the day in India. From misusing the public interest litigation jurisdiction of the Indian courts to abusing the criminal procedure for harassing their adversaries, the justice delivery system should not be used as a tool to fulfil personal vendetta. The Indian judiciary has taken cognizance of this issue. In 2014, this Court elucidated as follows, the plight of a litigant caught in the cobweb of frivolous proceedings in Subrata Roy Sahara v. Union of India [ Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470 : (2014) 4 SCC (Civ) 424 : (2014) 3 SCC (Cri) 712] : (SCC p. 642, para 191) 191. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that it did not belong to him), can be said to have made and executed false documents, in collusion with the other accused. 14. An analysis of Section 464 of the Penal Code shows that it divides false documents into three categories: 1. The first is where a person dishonestly or fraudulently makes or executes a document with the intention of causing it to be believed that such document was made or executed by some other person, or by the authority of some other person, by whom or by whose authority he knows it was not made or executed. 2. The second is where a person dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part, without lawful authority, after it has been made or executed by either himself or any other person. 3. The third is where a person dishonestly or fraudulently causes any person to sign, execute or alter a document knowing that such person could not by reason of (a) unsoundness of mind; or (b) intoxication; or (c) deception practised upon him, know the contents of the document or the nature of the alteration. In short, a person is said to have made a false document , if (i) he made or executed a document claiming to be s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
