Negotiable Instruments Act, 1881 – Section 138 – Criminal Procedure Code, 1973 – Quashing not allowed – Presumption of Consideration – Complaint of dishonor of cheque – The present petition for quashing a complaint under Section 138 of the Negotiable Instruments Act and summoning order arises from a dispute between the parties regarding the dishonour of cheques issued by the accused. The complaint alleged that the accused failed to discharge their liability towards the complainant firm for the supply of pharmaceutical products. The learned Trial Court found sufficient grounds to summon the accused after perusing the documents and evidence presented before it.
The petitioner contended that the summoning order was erroneous as no inquiry under Section 202 of Cr.P.C. was conducted and there was no legally enforceable debt. However, the court held that there is no requirement for detailed reasoning in summoning orders and that the Magistrate can rely on documents to satisfy himself. The court also reiterated the presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act, shifting the burden to the accused to prove otherwise. The petitioner’s reliance on previous judgments was deemed irrelevant as subsequent judgments clarified the necessity of inquiry under Section 202. The petition was dismissed, affirming the validity of the summoning order and complaint.(Para 33)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 58 HP
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Sumit June Vs. State Of H.P. & Others
Cr. MMO No. 271 of 2023-Decided on 12-01-2024
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