Case Note & Summary
The petitioner, Ramesh A, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru, seeking to quash proceedings in C.C.No.425/2017 pending before the Principal Civil Judge & JMFC at Magadi. The proceedings were initiated for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), arising from the dishonour of a cheque allegedly issued by the petitioner to the respondent, Mahadev. The petitioner contended that the cheque in question was not issued by him and, in support, placed reliance on a reply received from the Public Information Officer of Corporation Bank under the Right to Information Act, 2005 (RTI Act). The RTI reply stated that the cheque did not find a place in the bank's inward register. The petitioner argued that this document sufficed to quash the complaint. The High Court, however, observed that the RTI reply was not a certified copy of any public document but merely information, the veracity of which required trial. The court noted that the petitioner had not issued any reply notice to the statutory demand under Section 138 NI Act, and the presumption under Section 139 NI Act that the cheque was issued for discharge of a debt or liability remained unrebutted. The court held that the RTI reply could not be the sole basis to quash proceedings under Section 482 CrPC, as the truth of the information needed to be tested during trial. Consequently, the petition was dismissed, and the proceedings were allowed to continue.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Negotiable Instruments Act, 1881 - Section 138 - An RTI reply stating that a cheque does not appear in the bank's inward register is not a certified copy of a public document and its veracity requires trial; hence, it cannot be the sole basis to quash proceedings under Section 482 CrPC. (Paras 4-5) B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Presumption under Section 139 - The presumption that a cheque was issued for discharge of a debt or liability stands until rebutted by evidence; an RTI reply is insufficient to rebut the presumption at the quashing stage. (Para 5)
Issue of Consideration
Whether proceedings under Section 138 of the Negotiable Instruments Act, 1881 can be quashed under Section 482 CrPC based solely on an RTI reply stating that the cheque does not appear in the bank's inward register.
Final Decision
The High Court dismissed the criminal petition, refusing to quash the proceedings in C.C.No.425/2017.
Law Points
- Section 482 CrPC cannot be invoked to quash proceedings based on unverified information from RTI reply
- veracity of such information requires trial
- presumption under Section 139 NI Act stands until rebutted by evidence
