Pradeep Porpanth vs S.S. Goyal

N.K. Gupta, J.—Heard on admission. The applicant has preferred the present petition u/s 482 of Cr.P.C. against the order dated 30.8.2013 passed by the learned JMFC Jabalpur in Criminal Complaint No. 15515/2011 whereby the application filed by the applicant u/s 311 of Cr.P.C. was dismissed.

The brief facts of the case are that the respondent has prosecuted a complaint u/s 138 of the Negotiable Instruments Act, which is pending before the trial Court. The complainant was examined by the trial Court. Thereafter the applicant filed the copy of license relating to money lender and it is mentioned that the complainant did not possess the valid license of money lender, and therefore the complaint could not be prosecuted. Under such circumstances, it was prayed that the complainant may be called again for cross examination in the light of the said document. The learned JMFC dismissed the application vide order dated 30.8.2013.

After considering the submission made by the learned counsel for the applicant, it appears that the learned counsel for the applicant has relied upon the provisions of Section 11-F of the Madhya Pradesh Money Lender Act, 1934 (for short "Act") in which it is laid that without registration certificate no money lender can carry a business. However, the provisions of Section 11-F of the Act, 1934 are to be read along with the provisions of Section 11-H of the aforesaid Act in which it is mentioned that without registration certificate the civil suit cannot be proceeded. It is nowhere provided that if a money lender, who does not possess a valid license cannot initiate a proceeding against the person, who gave a cheque, which was dishonored. Under such circumstances, there is no effect on the criminal proceeding if the complainant was the money lender, who did not possess any registration relating to money lender. Under such circumstances, the learned JMFC has rightly dismissed the application of the applicant. No further cross examination can be done on the point which is not relevant in the case.

On the basis aforesaid discussion, the petition filed u/s 482 of Cr.P.C. by the applicant cannot be accepted. Consequently, it is hereby dismissed at motion stage. A copy of this order be sent to the trial Court for information.