The High Court allowed the writ petition challenging the issuance of process against the petitioner in a criminal complaint filed as a counter-blast to a cheque dishonour case involving his deceased debtor's family.
The writ petition was allowed and the criminal proceeding was quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
crwp 1199.22.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
45 CRIMINAL WRIT PETITION NO.1199 OF 2022
CHANDRAKANT NIVRUTTI GIRE VERSUS MANGAL W/O. VASANT BADE
Advocate for Petitioner : Mr. Savant Vilas P Advocate for Respondent : Mr. M P Gandle
CORAM : KISHORE C. SANT, J. Dated: February 06, 2023
PER COURT :-
order of issuance of process passed by the learned JMFC, Beed dated 10.8.2022 in Criminal MA No.195 of 2022. The respondent had filed Criminal Misc. Application in the Court of the learned Magistrate under section 156 (3) of the Cr.P.C. on 22.2.2022 seeking directions to the police to investigate into the offence against the present petitioner punishable under sections 420, 379, 384, 386, 504, 506 of the IPC. The allegations in Cri.Misc. Applicaiton are that, the petitioner and deceased husband of the respondent had no relations. They had even no acquaintance. Still, the petitioner has filed a
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complaint under section 138 of the Negotiable Instruments Act (for short ‘NI Act’.) It is stated that, only on the receipt of demand notice issued by the petitioner, it was realized by the husband of the respondent that the cheques were stolen and is now being used by the petitioner. The learned JMFC, Beed initially had directed police to investigate the case under section 202 of Cr.P.C. and to submit the report within two months by order dated 7.4.2022. On receipt of the report, impugned order is passed.
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suit bearing RCS No.887 of 2022 in the Court of learned Civil Judge J.D., Georai for recovery.
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further stated in the complaint that on 20.12.2021 this petitioner had been to the house of the respondent and tried to extort the amount of Rs.2,50,000/- and had threatened her that if the amount is not, paid he will kill them. He thus submits that a clear case is made out and, therefore, a complaint was filed. Police on investigation found that a case is made out and submitted a report to the Court. The court only on considering the said report has issued process by the impugned order. He submits that, no case is made out to quash the proceeding.
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in 138 of the NI Act proceedings as well as in a suit filed for recovery by the petitioner. All the defences are available to the respondent in the said proceeding. When the petitioner had filed a proceeding under law, it clearly shows that he has adopted the course available under law, as observed above. On the contrary, allegations now made by the respondent are clearly after thought and are made only for the sake of countering the allegations in 138 NI Act complaint and recovery suit. In view of the same, the proceedings deserves to be quashed and set aside. Hence, following order is passed.
O R D E R
II. Writ Petition is accordingly disposed off.
( KISHORE C. SANT, J. ) ...
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3 issues framed by the court
Whether the criminal proceeding under Section 156(3) Cr.P.C. for theft and cheating incidental to a dishonoured cheque complaint should be quashed when it appears to be a counter-blast.
Whether the allegations of extortion are merely concocted afterthoughts lacking in independent case-making against the petitioner.
What is the appropriate disposal of the writ petition challenging the issuance of process against the petitioner.
4 provisions across 4 enactments
Chandrakant Nivrutti Gire
Mangal W/o. Vasant Bade
KISHORE C. SANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
