High Court Refused To Quash Complaint U/S 138 N.I. Act Against Wife

In a significant ruling, the High Court of Madhya Pradesh, presided over by Hon'ble Justice Vijay Kumar Shukla, dismissed a petition filed under Section 482 of the Cr.P.C. The case, MISC. CRIMINAL CASE No. 13433 of 2023, involved the quashing of a private complaint under Section 138 of the Negotiable Instruments Act, 1881, concerning the alleged dishonor of a cheque.

The petitioner, Bhawna Chourasia, sought the quashment of a complaint filed by her husband, Surya Pratap Singh, alleging that she failed to deposit Rs.11,00,000 in a fixed deposit and subsequently issued a dishonored cheque for Rs.10,00,000.

Justice Shukla, in his observation, stated, "The basic ingredients of Section 138 of the Act are available and the cognizance on the said complaint has yet to be taken." This highlights the court's stance on the premature nature of the petition, emphasizing that the complete recording and cross-examination of the complainant's statement had not yet taken place.

The petitioner argued that the complaint was an abuse of the process of law, citing previous complaints against the respondent for physical and mental torture. Additionally, the petitioner's counsel raised questions about the legally enforceable debt and the absence of consideration in the complaint, referring to the precedent set in Dalmia Cement (Bharat) Ltd. vs. Galaxy Traders & Agencies Ltd. & Ors.

Contrastingly, the respondent's counsel argued for the presence of basic ingredients required under Section 138 of the NI Act, supported by legal presumptions under Section 118 of the Act. They cited the judgment of Rathish Babu Unnikrishnan vs. State (Govt. of NCT of Delhi) & Anr. to bolster their claim.

Justice Shukla referred to the criteria outlined in Section 138 of the NI Act, stating, "The complaint must contain the following ingredients: a legally enforceable debt, a cheque drawn for discharge of debt or liability, and its dishonor due to insufficient funds."

Ultimately, the court ruled that the quashment of the complaint at this initial stage was not warranted, leading to the dismissal of the petition. This decision underscores the importance of adhering to the procedural nuances in cases involving the dishonor of cheques and the interpretation of legally enforceable debts under the Negotiable Instruments Act.

Date of Decision: 20th November 2023

BHAWNA CHOURASIA  VS SURYA PRATAP SINGH