Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

"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