The High Court quashed a complaint under Section 138 of the NI Act filed by Intersight Holidays Pvt Ltd against cheques issued in the name of Intersight Tours and Travels Pvt Ltd, holding the complainant lacked locus standi.
Complaint against the petitioner in C.C.No.234/2016 and all proceedings thereon quashed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
CRL.MC NO. 983 OF 2018
AGAINST THE ORDER/JUDGMENT CC 234/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - IV, ERNAKULAM
PETITIONER/2ND ACCUSED:
ARVIND SINGH RAJPOOT AGED 34 YEARS S/O.LATE RAMESH CHANDRA RAJPOOT, XENIUM HOLIDAYS PVT. LTD., 77, 1ST FLOOR,JANAKPURI EAST, METRO STATION GATE NO.3, NEW DELHI.110 058.
BY ADVS.SRI.R.PADMARAJSRI.P.J.ANTONY JOSEPH MARIADASSRI.R.AJITH KUMAR V.K.EDOM
RESPONDENTS/COMPLAINANT/1ST ACCUSED & STATE:
1 M/S.INTERSIGHT HOLIDAYS PVT. LTD 28/343, BENISTA BUILDING, SA ROAD, PANAMPILLY NAGAR, KOCHI.682 036, KERALA, REPRESENTED BY ITS MANAGING DIRECTOR MR. ABRAHAM GOERGE.
2 MS. INVITEE INDIA HOLIDAYS PVT. LTD. 24, SEWAK PARK, DWARAKA MODE, UTTAM NAGAR, METRO STATION PILLAR NO.771, NEW DELHI.110 059.
3 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADVS.SRI.ARUN THOMAS SRI.JENNIS STEPHEN SMT.KARTHIKA MARIA SMT.MARIA ROY SRI.SANTHOSH MATHEW SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 983 OF 2018
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CR
O R D E R
Dated this the 21st day of August, 2023
This is a petition filed under Section 482 of the Code of Criminal Procedure.
Annexure F, F1 and F2 cheques for Rs.50,000/-, Rs.1,00,000/and Rs.1,00,000/- respectively, where from the prosecution emanates, were issued in the name of 'Intersight Tours and Travels Pvt. Ltd'. But on dishounour of the cheque, the Director
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of Intersight Holidays Pvt.Ltd. issued legal notice and complaint also was filed by Intersight Holidays Pvt.Ltd.
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'Intersight Holidays Pvt.Ltd.' As per Section 142 (a) of the NI Act, no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque. Therefore, a complaint alleging commission of offence punishable under Section 138 of the NI Act shall be filed either by the 'payee' or by the 'holder in due course' of the said cheque and no other person entitled to lodge a complaint and the court shall take cognizance acting on a complaint in writing filed by the 'payee' or 'holder in due course'
9. In the present complaint, nothing stated that the complainant even though is not a 'payee', he is the 'holder in due course' of Annexure F, F1 and F2 cheques, as defined under Section 9 of the N.I.Act that “Holder in due course” means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having
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sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.
It is ordered that the complaint against the petitioner pending before the Judicial First Class Magistrate Court-IV Ernakulam as C.C.No.234/2016 and the proceedings thereof
stand quashed.
Sd/A. BADHARUDEEN JUDGE
nkr
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CRL.MC NO. 983 OF 2018
| PETITIONE | R AN | APPE NEXURE |
NDIX OF CRL.MC 983/2018 S |
|---|---|---|---|
| ANNEXURE | A | TRUE RECEI OF XE |
PHOTOCOPY OF THE REGISTERED COVER VED FROM THE JFCM-IV COURT IN THE NAME NIUM HOLIDAYS. |
| ANNEXURE | A1 | TRUE RECEI OF AR |
PHOTOCOPY OF THE REGISTERED COVER VED FROM THE JFCM-IV COURT IN THE NAME AVIND RAJPOOT-XENIUM HOLIDAYS. |
| ANNEXURE | B | TRUE THE P |
COPY OF THE MEMO FILED ON BEHALF OF ETITIONER, BEFORE THE JFCM-IV COURT. |
| ANNEXURE | C | TRUE THE AFFAI |
PHOTOCOPY OF THE RECORDS OBTAINED FROM WEB SITE OF MINISTRY OF CORPORATE RS WITH REGARD TO THE PETITIONER. |
| ANNEXURE | D | TRUE ISSUE ACCUS |
PHOTOCOPY OF THE LETTER DATED NIL D BY THE 1ST ACCUSED IN FAVOUR OF 2ND ED. |
| ANNEXURE | F | TRUE BANK PRIVA |
PHOTOCOPY OF CHEQUE NO.118371 OF YES FAVOURING INTERSIGHT TOURS AND TRAVELS TE LIMITED. |
| ANNEXURE | F1 | TRUE BANK PRIVA |
PHOTOCOPY OF CHEQUE NO.118372 OF YES FAVOURING INTERSIGHT TOURS AND TRAVELS TE LIMITED. |
| ANNEXURE | F2 | TRUE BANK PRIVA |
PHOTOCOPY OF CHEQUE NO.118373 OF YES FAVOURING INTERSIGHT TOURS AND TRAVELS TE LIMITED. |
| ANNEXURE | G | TRUE DATED |
PHOTOCOPY OF THE REGISTERED NOTICE 22.05.2014 ISSUED ON BEHALF OF |
| INTER ACCUS |
SIGHT HOLIDAYS PVT. LTD. TO 1ST ED AND TO PETITIONER. |
||
| ANNEXURE | H | CERTI C.C.N |
FIED COPY OF THE COMPLAINT IN O.234/2016 OF THE JFCM-IV, ERNAKULAM. |
| ANNEUXRE | E | TRUE | PHOTOCOPY OF THE E-MAIL COMMUNICATION |
| BETWE M/S.I |
EN THE PETITIONER AND THE OFFICERS OF NTERSIGHT TOURS AND TRAVELS PVT. |
3 issues framed by the court
Whether a third party has locus standi to prosecute a drawer for offence punishable under Section 138 of NI Act where the cheque was issued in the name of a different company.
Whether a complaint under Section 138 of NI Act is maintainable when filed by a person who is neither the payee nor the holder in due course of the cheque.
Whether high court powers under Section 482 CrPC should be exercised to quash a complaint for lack of locus standi of the complainant.
4 provisions across 2 enactments
ARVIND SINGH RAJPOOT
THE STATE
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
