Even 1.5 Years in Jail Doesn’t Dilute Section 37 NDPS Rigour: Punjab & Haryana High Court Denies Bail in 710 Kg Poppy Husk Case Stay of Conviction Nullifies Disqualification Under Section 8(3) RP Act: Allahabad High Court Dismisses Quo Warranto Against Rahul Gandhi Custodial Interrogation Necessary to Uncover ₹2 Crore MGNREGA Scam: Kerala High Court Rejects Anticipatory Bail for Vendors in Corruption Case Order 41 Rule 23 CPC | Trial Court Cannot Decide Title Solely on a Vacated Judgment: Himachal Pradesh High Court Strikes By Bar Associations Cannot Stall Justice: Allahabad High Court Holds Office Bearers Liable for Contempt if Revenue Suits Are Delayed Due to Boycotts To Constitute a Service PE, Services Must Be Furnished Within India Through Employees Present in India: Delhi High Court Medical Negligence | State Liable for Loss of Vision in Botched Cataract Surgeries: Gauhati High Court Awards Compensation Waiver of Right Under Section 50 NDPS is Valid Even Without Panch Signatures: Bombay High Court Agricultural Land Is 'Property' Under Hindu Women’s Right to Property Act, 1937: A.P. High Court Tenant Who Pays Rent After Verifying Landlord’s Will Cannot Dispute His Title Under Section 116 Evidence Act: Himachal Pradesh High Court Dismisses Eviction Challenge by HP State Cooperative Bank Clever Drafting Cannot Override Limitation Bar: Gujarat High Court Rejects Suit for Specific Performance Once Divorce by Mutual Consent Is Final, Wife Cannot Pursue Criminal Case for Stridhan Without Reserving Right to Do So: Himachal Pradesh High Court Caste-Based Insults Must Show Intent – Mere Abuse Not Enough for Atrocities Act: Gujarat High Court Upholds Acquittal Failure to Inform Detenu of Right to Represent to Detaining Authority Vitiates NSA Detention: Gauhati High Court Awarding Further Interest On Penal Charges Is Contrary To Fundamental Policy Of Indian Arbitration Law: Bombay High Court

"No Ground to Quash FIR in Cheque Dishonour Case, Observes Himachal Pradesh High Court"

07 May 2024 8:19 AM

By: Admin


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

 

Latest Legal News