Arvind Goel v. Vivek Jain (Huf)
Case brief
What is this about?
Gauhati High Court; Crl.Pet./952/2025; decided 07-08-2025; Justice Manish Choudhury. Arvind Goel (proprietor, M/s Dev Industries) versus Vivek Jain (HUF). Criminal petition under Section 528 BNSS 2023 to quash C.R. Case no. 2187C/2019, a Section 138 Negotiable Instrument Act 1881 complaint before SDJM (S) No. 2 Kamrup (M) Guwahati, on the plea that the complainant-lender fell under the Assam Money Lenders' Act 1934 (Sections 7C[1], 7C[2], 12A[1], 12A[2]) for want of registration certificate. DISMISSED: no competent-court finding that complainant is a money lender; no Section 12A[2] complaint instituted; interest-recital question determinable only per the Act's procedure; no fraud alleged. Loan of Rs. 5,00,000/- dated 21.09.2015; repayment cheque no. 000067 (Federal Bank Ltd., Silpukhuri) dishonoured; demand notice and fifteen-day notice period complied with. Trial ongoing; petitioner may raise all grounds during trial.