Case Note & Summary
The applicant, Mahendra Jamnadas Kara, filed a criminal application before the Bombay High Court challenging an order passed by the Sessions Court, which had set aside the Magistrate's order issuing process against the respondent, Mukesh Baburao Waghmare, under Section 138 of the Negotiable Instruments Act, 1881. The applicant had filed a complaint alleging dishonour of a cheque, and the Magistrate, after considering the complaint and the verification statement of the complainant, issued process. The respondent challenged this order before the Sessions Court, which set it aside without assigning any reasons. The applicant argued that the Magistrate's order was well-reasoned and that the Sessions Court's order was cryptic and without justification. The respondent contended that the complaint did not disclose the alleged offences. The High Court, relying on the Supreme Court's decision in Kamal Shivaji Pokarnekar v. State of Maharashtra, held that if the ingredients of the alleged offence are prima facie made out in the complaint, criminal proceedings should not be interdicted. The court found that the complaint and verification statement clearly disclosed the ingredients of the offence under Section 138 of the Negotiable Instruments Act. Consequently, the High Court allowed the application, set aside the Sessions Court's order, and restored the Magistrate's order issuing process. The court also directed the Magistrate to proceed with the complaint in accordance with law.
Headnote
A) Criminal Procedure Code - Issuance of Process - Section 204 CrPC - The Magistrate's order issuing process is based on prima facie satisfaction from complaint and verification statement; revisional court cannot interfere without assigning reasons - Held that the Sessions Court's order was cryptic and set aside, restoring the Magistrate's order (Paras 1-5). B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Ingredients of offence must be prima facie made out in complaint - The complaint and verification statement disclosed ingredients of Section 138, hence process was rightly issued - Held that the Sessions Court erred in setting aside the process (Paras 2-5).
Issue of Consideration
Whether the Sessions Court was justified in setting aside the Magistrate's order issuing process under Section 138 of the Negotiable Instruments Act, 1881, without assigning any reasons.
Final Decision
Application allowed. Order dated 26th August 2019 passed by Sessions Court set aside. Order of Magistrate issuing process restored. Magistrate directed to proceed with complaint in accordance with law.
Law Points
- Issuance of process under Section 204 CrPC requires only prima facie satisfaction
- not detailed reasons
- Revisional court cannot set aside process order without assigning reasons
- Ingredients of offence under Section 138 NI Act must be prima facie made out in complaint
