Bal Chand vs State of Haryana

V.S. Aggarwal, J.—This is a petition filed u/s 482 of the Code of Criminal procedure for quashing the complaint/the First Information Report pending against the petitioner with respect to offence punishable under Sections 420 and 506 Indian Penal Code besides Section 138 of the Negotiable Instruments Act.

The relevant facts are that M/s Vir Rice and Genera! Mills, Gharaunda, District Karnal filed a criminal complaint against the petitioner asserting that the complainant was dealing with the petitioner since 1985 and rice consignments were being sent to the petitioner, An amount of Rs. 61,308.58 was due from the petitioner. The petitioner issued two cheques dated 24.9.1987 in the name of complainant firm - one for Rs. 29,300.58 and the other cheque dated 30.9.1987 for a sum of Rs. 35,935/-. The cheques were presented to different Banks but they were returned on the pretext that the petitioner had no amount in his account in the said Banks. The complainant demanded the said amount from the petitioner but the petitioner threatened the complainant with dire consequences in case the amount was pressed to be paid. Hence, the complaint.

The petitioner seeks quashing of the complaint asserting that Section 138 of the Negotiable Instruments Act came into existence and enforced from 1.4.1989. The offence, if any, was committed before that date. Otherwise also, it is pointed that no notice, required u/s 138 of the Negotiable Instruments Act has been given. With respect to the offence u/s 506 Indian Penal Code, petitioner''s claim is that allegations are vague. Lastly, it has been urged that since there were business dealings and cheques were being issued in accordance with those business dealings, therefore, undue indulgence u/s 420 of the Indian Penal Code will not be attracted.

The respondents contest the claim of the petitioner and refute the assertions. .

Heard the parties counsel and have seen the relevant record.

There is no controversy that Section 138 of the Negotiable Instruments Act which provides for penalties in case of dishonour of certain cheques was enforced from 1.4.1989. In the present case, as per the assertions of the complainant, the cheques had been issued and even dishonored before 1.4.1989. In that view of the matter, the provisions of Section 138 of the Negotiable Instruments Act could not be attracted qua the petitioner.

During the course of arguments, the respondent''s Learned Counsel pointed that charge has since been framed against the petitioner and case is listed for trial before the learned Judicial Magistrate.

Pertaining to offences punishable under Sections 420 and 506 Indian Penal Code, the Learned Counsel for the petitioner urged that assertions are vague and therefore, Section 506 Indian Penal Code is not attracted as it was a business dealing and there was no undue intimation. At this stage, the complainant or the First Information Report could only be quashed if the Court can conclude that there was abuse of process of the Court or taking the assertions of the respondent/complainant no offence was made out or for any similar reason. The plea urged as to if there was any criminal intimidation or no cheating can be looked into by the learned trial Court after recording evidence. At this stage, there is no ground for exercising the inherent powers of this Court to quash the complaint/the First Information Report with respect to offences punishable under Sections 420 and 506 Indian Penal Code.

For these reasons, the petition only succeeds in part. The complaint and the subsequent proceedings with respect to the offence punishable u/s 138 of the Negotiable Instruments Act are quashed and with respect to other alleged offences, the petition fails and is dismissed.