In a criminal petition under Section 138 of the Negotiable Instruments Act, 1881, the High Court held that the absence of a promissory note filed with the complaint does not warrant quashing the proceedings, as dishonoured cheques and memos remain the crucial documents.
The criminal petition filed by the petitioner was dismissed.
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HON’BLE SRI JUSTICE SAMUDRALA
GOVINDARAJULU
CRIMINAL PETITION No.5518 of 2012
O R D E R:
The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short, the Act). It is contended by the petitioner’s counsel that the 1st respondent/ de facto complainant did not file promissory note said to have been executed by the accused in favour of the complainant to show existence of legally enforceable debt, even though execution of promissory note is alleged in the complaint. In a case under Section 138 of the said Act, promissory note is not the crucial document. The crucial documents on the basis of which the case stands, is the dishonoured cheque and the dishonoured memos. During the course of evidence, in case the complainant chooses to file it, he can do so after following the prescribed procedure. Failure to file promissory note along with the complaint is no ground to quash the complaint as such.
Hence, the Criminal Petition is dismissed.
Dt. 20th July, 2012.
____________________________ SAMUDRALA GOVINDARAJULU,J
PNV
3 issues framed by the court
Whether failure to file a promissory note along with a complaint under Section 138 of the Negotiable Instruments Act, 1881 is a ground to quash the criminal complaint.
Whether a promissory note is the crucial document for maintaining a case under Section 138 of the Negotiable Instruments Act, 1881.
Whether dishonoured cheques and memos are the crucial documents for a Section 138 case.
1 provisions across 1 enactments
Petitioner
1st Respondent
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
