Case Note & Summary
The petitioner, Santoshkumar Ghisulal Jaju, was the original complainant in Misc. Application No.253 of 2008 filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint was dismissed by the trial court vide order dated 24th November 2010. The petitioner challenged this order before the Bombay High Court. The High Court heard the parties and found that the trial court had dismissed the complaint without properly considering the evidence on record and without applying the correct legal principles. The court noted that the dismissal was not sustainable in law. Consequently, the High Court allowed the petition, set aside the impugned order, and remanded the matter back to the trial court for fresh disposal in accordance with law. The court directed the trial court to decide the complaint afresh after giving an opportunity to both parties to present their case. The judgment emphasizes the need for a proper application of judicial mind and adherence to procedural fairness in cases under the Negotiable Instruments Act.
Headnote
A) Criminal Law - Dishonour of Cheque - Section 138 Negotiable Instruments Act, 1881 - Dismissal of Complaint - The trial court dismissed the complaint without properly considering the evidence and the law. The High Court held that the dismissal was erroneous and set aside the order, remanding the matter for fresh consideration. (Paras 1-5)
Issue of Consideration
Whether the dismissal of the complaint under Section 138 of the Negotiable Instruments Act, 1881 by the trial court was proper and whether the impugned order should be set aside.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 24th November 2010, and remanded the matter to the trial court for fresh disposal in accordance with law. The trial court was directed to decide the complaint afresh after giving opportunity to both parties.
Law Points
- Dismissal of complaint without considering evidence
- Section 138 Negotiable Instruments Act
- 1881
- Criminal Procedure Code
- 1973
- inherent powers of High Court
- quashing of order
- remand for fresh consideration
Case Details
2016 LawText (BOM) (01) 2
Criminal Writ Petition No.54 of 2011
Mr.A.D. Ostwal h/f. Mr.N.S. Jaju for Petitioner, Mr.P.S. Patil, A.P.P. for Respondent No.1, Ms. Chinmayee Deshpande h/f. Mr.S.V. Natu for Respondent No.2
Santoshkumar Ghisulal Jaju
The State of Maharashtra, Sanjay Janardan Khedkar
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Nature of Litigation
Criminal writ petition challenging dismissal of complaint under Section 138 of Negotiable Instruments Act, 1881.
Remedy Sought
Petitioner sought setting aside of the order dated 24th November 2010 dismissing his complaint and restoration of the complaint for fresh adjudication.
Filing Reason
The trial court dismissed the complaint without proper consideration of evidence and law.
Previous Decisions
The complaint was dismissed by the trial court on 24th November 2010.
Issues
Whether the dismissal of the complaint under Section 138 of the Negotiable Instruments Act, 1881 was proper.
Submissions/Arguments
Petitioner argued that the trial court dismissed the complaint without considering the evidence and without applying correct legal principles.
Respondents opposed the petition, but the court found merit in the petitioner's submissions.
Ratio Decidendi
The dismissal of a complaint under Section 138 of the Negotiable Instruments Act, 1881 without proper consideration of evidence and law is unsustainable. The High Court has inherent power to set aside such orders and remand the matter for fresh adjudication.
Judgment Excerpts
Heard. Rule. Rule made returnable forthwith.
Petitioner original complainant ... has filed this Petition challenging the impugned order dated 24th November 2010 whereby his complaint came to be dismissed.
Procedural History
The petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (Misc. Application No.253 of 2008). The trial court dismissed the complaint on 24th November 2010. The petitioner then filed Criminal Writ Petition No.54 of 2011 before the Bombay High Court challenging the dismissal order.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
