This order rejected petitions to quash criminal proceedings under the NI Act arising from dishonoured cheques issued in discharge of a legally enforceable debt acknowledged via a compromise.
Criminal writ petitions rejected; proceedings against the petitioner will continue.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ No. 669/2018
Vinod Sharma S/o Late Shri Bansi Lal Sharma B/c Brahmin, Aged About 45 Years, R/o 56-57, Bal Nagar East, Near Chharra Factory Goner Road, Jaipur Office Address Junior Clerk, Governmnet Central Place, Sardar Patel Marg, C-Scheme, Jaipur.
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Writ No. 626/2018
Vinod Sharma S/o Late Sh. Bansi Lal Sharma B/c Brahmin, R/o 56-57, Bal Nagar East, Near Chharra Factory Goner Road, Jaipur Office Address Junior Clerk, Government Central Place, Sardar Patel Marg, C-Scheme, Jaipur.
----Petitioner
Versus
----Respondents
S.B. Criminal Writ No. 627/2018
Vinod Sharma S/o Late Sh. Bansi Lal Sharma B/c Brahmin, R/o 56-57, Bal Nagar East, Near Chharra Factory Goner Road, Jaipur Office Address Junior Clerk, Government Central Place, Sardar Patel Marg, C-Scheme, Jaipur.
----Petitioner
Versus
(2 of 4)
[CRLW-669/2018]
Jaipur Bench, Jaipur.
----Respondents
S.B. Criminal Writ No. 628/2018
Vinod Sharma S/o Late Sh. Bansi Lal Sharma B/c Brahmin, R/o 56-57, Bal Nagar East, Near Chharra Factory Goner Road, Jaipur Office Address Junior Clerk, Government Central Place, Sardar Patel Marg, C-Scheme, Jaipur.
----Petitioner
Versus
----Respondents
S.B. Criminal Writ No. 663/2018
Vinod Sharma S/o Late Shri Bansi Lal Sharma, Aged About 45 Years, R/o 56-57, Bal Nagar East, Near Chharra Factory Goner Road, Jaipur Office Address Junior Clerk, Government Central Place, Sardar Patel Marg, C-Scheme Jaipur
----Petitioner
Versus
----Respondent For Petitioner(s) : Mr. Nathu Lal Agrawal For Respondent(s) : Mr. Sudesh Saini, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
12/11/2018
(3 of 4)
[CRLW-669/2018]
Metropolitan Magistrate N.I. Act No.10, Jaipur Metropolitan, Jaipur and for quashing the entire proceedings.
a case where a complaint was filed in respect of dishonour of second cheque issued in a compromise in lieu of first cheque already dishonoured and subject-matter of another complaint under Section 138 of N.I. Act.
(4 of 4)
[CRLW-669/2018]
(PANKAJ BHANDARI),J
Arti/71-75
2 issues framed by the court
Whether the compromise in the present case acknowledged a legally enforceable debt thus attracting the N.I. Act.
Whether the criminal proceedings issued for cheques obtained under threat and for a legally enforceable debt could be quashed under Art. 226.
Colour shows how this judgement treated each authority
Lalit Kumar Sharma and Another vs State of Uttar Pradesh and AnotherDistinguished¶49
Lalit Kumar Sharma and Another vs State of Uttar Pradesh and Another (2008) 5 Supreme Court Cases 638
Vinod Sharma
Dinesh Kumar Meena
State of Rajasthan
PANKAJ BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
