Dismissed

Nandkumar Ramchandra Baswant v. the State of Maharashtra and Anr.

Bombay HC10 Sept 2004WP/241/2004

Case brief

AI extract

What is this about?

This Criminal Writ Petition seeking to quash a complaint under the Negotiable Instruments Act for dishonoured cheque was dismissed. The Court rejected arguments that the cheque was for a third party or related to a pending land inquiry, emphasizing that the petitioner can raise such defenses in trial.

What did the court decide?

The petition was dismissed; contentions to be decided on merits by the trial court.

Nandkumar Ramchandra Baswant Vs the State of Maharashtra and… — Cheque Dishonour | Bombay HC (2004)

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 -: 1 :-

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL WRIT PETITION NO. 241 OF 2004

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 Nandkumar R. Baswant........... .. Petitioner.

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 Versus

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 The State of Maharashtra & Anr.... Respondents.

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 Mr. A.R.Pitale for the Petitioner.

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 Mr. D.S.Mhaisapurkar, APP for the State.

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 Respondent No.2 present in person.

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CORAM : A. M. KHANWILKAR, J.

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DATED : 10TH SEPTEMBER, 2004.

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P.C.:

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 The first argument canvased before this Court is
 that the Petitioner had not issued the cheque in
 discharge of his legal obligation but the payment was
 made for and on behalf of one J.S. Bhatt.

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 2. This submission cannot be the basis for quashing
 the complaint which is the relief claimed in this
 petition. That argument may be available to the
 Petitioner as defence so as to rebut the legal

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 -: 2 :-

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 presumption which will prevail on account of issuance
 of cheque in favour of the Complainant which has been
 dishonoured.

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 3. The next argument canvased before this Court is
 that the amount which was paid to the Complainant by
 cheque was in relation to land which is already a
 subject matter of inquiry in MPID Case. Even this
 argument will be of no avail because the present
 offence is an independent offence relating to
 provisions under the Negotiable Instrument Act in
 respect of dishonour of cheque issued by the
 Applicant. Pendency of the said inquiry cannot be the
 basis for dismissing the Complaint which is a relief
 claimed in this Petition.

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 4. No other argument is canvased before me. In the
 circumstances, this Petition is dismissed leaving all
 contentions available to the parties before the trial
 Court on the merits of the case, which will be decided
 by the trial Court on the basis of the evidence
 adduced in accordance with the law.

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 Sd/-

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 -: 3 :-

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(A. M. KHANWILKAR, J.)

Nandkumar Ramchandra Baswant v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Nandkumar Ramchandra Baswant v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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