Dismissed

Rita Sharma v. Devesh Das

Chhattisgarh HC2 Apr 2012CRMP/11/2010

Case brief

AI extract

What is this about?

In a petition under Section 482 CrPC, the petitioner sought quashing of proceedings under Section 138 NI Act due to a discrepancy in the cheque number (020274 vs 020774) between the bank memo and the complaint. The Court, finding the discrepancy a mere clerical mistake admitted by the respondent, dismissed the petition.

What did the court decide?

The petition for quashing of the criminal proceedings and the impugned order of the revisional court is dismissed.

Rita Sharma Vs Devesh Das — Cheque Dishonour | Chhattisgarh HC (2012)

¶1

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

¶2

CRIMINAL IV1.P.NO.

¶3

in@s© OF 2010

¶4

peTITIONER ^^Smt. Rita Sharma, W/o
C ^CC CA.Sf!£.<43 Shri R. P. Sharma, aged
^...<:-^
about 40 years, R/o M.I.G.
^^vy^:-~y'"' ^. •-1 Hudco Bhilai, Dist. Durg
(C.G.)
oS- ^A^
>^;^€.\y VERSUS
RESPONDENT Devesh Das, S/o Shn S. K.
v
^'&ovw.^lcM.na.-u'S^ Das, aged about i^^y^ars,

¶5

Devesh Das, S/o Shn S. K.
Das, aged about i^^y^ars,
R/o A-l, Adarsh Nagar, P.S.
- Durg, Tahsil SE Distt. Durg
(C.G.)

¶6

PETITION UNDER SECTION-482 OF THE CODE OF CRIMINAL PROCEDURE

¶7

-L ^

¶8

M COURT OF CHHATTiSGAgnAT ILASPUR

CrMP.No.11 OT 2018

Smt.Rita Sharma

Dev'esn Das

\i—<?tlltUli^OfS^'TS<^y> tUlir»^Q>-.!U<5t OC^i.lUiC/^jn'i'tr'inJ _^3-5•T0<£, V!in.r ^r^fsi.i i^ v^i.f^v G w.)^ \

¶13

Mr.Asnish Surans, counsel for the peti-tioner. Fvir.Anand Shukia, counsei for the respondent.

¶14

SB: Hon'bls <Mr. T.P.

ORD

(2.4.2012)

3y tbis petition under Section 482 of the Code of Criminai Procedure the peiiiioner has prayed for quashment of the crimlnai proceeding pendlng ir, ihe Court of Judiclai iViagisfrate First Class, Durg, In Criminai Compiaint Case No.253/2004 for the offenc& punlshabie undsr Section 138 of the Negotiable instruments Aci, 1 881 against the present petitioner and order dsted 28.2.2009 passed by ths First Additionai Sessions Judge, Durg, in Crimjnai Revision No. 15/2008, whereby the friai Court has reglstered the offsncs and ihe revisiona! Court has affirmed the order faking cognlzance.

¶19

^. i nave neara-.Q'srr* i^'srrkQr*iearnea ^rticounseiincs/si f^rror fline panies, perusea tne oraer impugned and other documents nisd o"i behalf of the petitloner.

¶20

Learned counsei for the petitioner submits ihat as psr msmo 'sssued by ihe bsnk chequs number is 020274, but as per compiaint, notice and siatemsni offhe respondent, numbsr of chsqae is 020774, whlch is not in conformity wsth msmo issued by the bank. Considering the inconsistency the triai Court ought to have not taken cognizance offhe offence and not to havs issusd process against the pstitioner, but by taking cogni'zance and issuance of process bofh the Courts beiow have committed iilegaiiiy. Learneei counsei further submits that Saksn$ cognizance and issuance of process iss ssrious maffer and befors

¶21

2- <n'i_

¶22

dragging the person in criminal proceedlng the Court Is required thsi wneinsriLT-t^J trsersTi^^^r/'k is pnma facie case made ^ n* out s^ against^" T^/^tne person or r^fv^rnot.

¶23

On ihe other hand, iearned counsei for the rsspondeni opposes the pstlilon and submits that cheque number has been erFoneousiy written in the noiice and on ihe baste of aforesaid mlstake the respondent has committed same mistake in the compiaiRt and his siatement but the prssent petitlonsr has Issued chequs No.020274 whfch has been dishonored.

¶24

DefiRiteiy order taking cognlzance and issuanee of proce^ Is a serio'us matier and ihe Court is required io examine the materiai produced before li and only on the bssis of sufficient material for proceedsng againsi the accused the Court is required to issue process against the accused per%;ns.

¶25

Considering t'ne admissten of leamed counsei for the respondent relating to ciericaS ml^ake 'in writing relating to number of chsque, i do not find any ground for interference.

¶26

Consequently, the petitlon is iiabie to be dismissed and is hereby dismjssed.

¶27

Sd/T.P. Sharma Judge

¶28

%J\

Rita Sharma v. Devesh Das

Case brief

What is this about?

What did the court decide?

Rita Sharma v. Devesh Das

Case brief

What is this about?

What did the court decide?

What the court decided

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