The single-judge High Court dismissed a criminal petition seeking quashment of proceedings under Section 138 of the Negotiable Instruments Act. It held that the accused failed to prove sufficient funds existed, as his account showed only Rs.99 at the relevant date.
The Criminal Petition was dismissed; pending miscellaneous petitions stood closed.
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.
THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER
Cr im in al Pet it ion No.1 3 4 9 of 2 0 1 7
ORDER :
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused, seeking to quash the proceedings in C.C.No.358 of 2016 on the file of the Court of the Special Magistrate – IV at Visakhapatnam.
2 . Heard the learned counsel for the petitioner/ accused, learned counsel for the 1st respondent/ de-facto complainant, learned Public Prosecutor (Andhra Pradesh) appearing for the respondent No.2 and perused the record.
3 . The learned counsel for the petitioner/ accused would submit that the cheque was presented on 26.02.2013 to the bank concerned. The account of the petitioner/ accused was frozen on 13.01.2013 and therefore, it cannot be said that the petitioner/ accused did not have sufficient money in the account. Under these circumstances, no complaint lies for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
4 . The learned counsel for the 1st respondent/ de-facto complainant, learned Public Prosecutor (Andhra Pradesh) appearing for the respondent No.2 opposed the contentions of the learned counsel for the petitioner/ accused and submits that there are no circumstances to quash the proceedings against the
Dr.SA, J CRL.P.No.1349 of 2017
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petitioner/ accused in C.C.No.358 of 2016 on the file of the Court of the Special Magistrate – IV at Visakhapatnam.
5 . The petitioner/ accused did not choose to file the bank statement to show the balance in his bank account. As per the statement of his bank account dated 22.12.2016, an amount of Rs.99/ - was lying to the credit of the petitioner/ accused. Under these circumstances, there is no justification in quashing the proceedings against the petitioner/ accused in C.C.No.358 of 2016 on the file of the Court of the Special Magistrate – IV at Visakhapatnam. The Criminal Petition is devoid of merit and is liable to be dismissed.
6 . In the result, the Criminal petition is dismissed.
Pending miscellaneous petitions, if any, in this Criminal Petition, shall stand closed.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J
25th October, 2017 Bvv
2 issues framed by the court
Whether the proceedings for an offence under Section 138 of the Negotiable Instruments Act should be quashed given the account was frozen before the cheque was presented.
Whether the lack of sufficient balance in the account, evidenced by a statement showing Rs.99, justifies quashing the proceedings.
2 provisions across 2 enactments
Petitioner/Accused
Dr. SA
Respondent No.2/Public Prosecutor
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
