“No Ground to Quash FIR in Cheque Dishonour Case, Observes Himachal Pradesh High Court”
In a significant ruling, the Himachal Pradesh High Court, led by Justice Virender Singh, upheld the legal process in a cheque dishonour case, dismissing a petition seeking to quash a complaint under Section 138 of the Negotiable Instruments Act (NI Act). The decision, delivered on December 27, 2023, emphasized the importance of evidence in matters of financial transactions and allegations of theft.
The petitioner, identified as Abhishek Rao, had approached the court with a plea to quash a complaint and subsequent proceedings concerning a cheque, which was dishonoured due to insufficient funds. The case revolved around a non-CTS (Cheque Truncation System) cheque, which the petitioner alleged was stolen and presented for encashment.
In a detailed judgment, Justice Virender Singh observed, “When nothing is there on the file, in this regard, then, the said ground cannot be considered to quash the FIR, that too, while exercising the powers, under Section 482 CrPC.” This remark highlights the court’s stance on the insufficiency of evidence regarding the petitioner’s claim of cheque theft.
The court meticulously examined the Reserve Bank of India’s guidelines and circulars related to CTS cheques. It was noted that the non-CTS cheques were not entirely invalidated at the time of the cheque’s issuance. Justice Singh’s decision underlined, “The learned counsel appearing for the accused could not point out any circular, which prohibits the acceptance of non-CTS cheques on 31st August, 2011.”
The ruling is significant as it sheds light on the legal intricacies of cheque dishonour cases and the necessity of substantial evidence in allegations of theft. The court’s decision to dismiss the petition reinforces the judiciary’s commitment to uphold the sanctity of legal procedures in financial disputes.
The accused, through his counsel, has been directed to appear before the trial court on January 11, 2024, to proceed with the case as per the law. This case serves as a precedent for similar cases involving financial instruments and the importance of adhering to RBI guidelines.
Decided on : 27-12-2023
ABHISHEK RAO VS STATE OF H.P. AND ANOTHER
