LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/rekha-sharad-ushir-vs-saptashrungi-mahila-nagari-sahkari-patsansta-ltd-20250326/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Rekha Sharad Ushir vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd.

Court
Supreme Court of India
Date
26 March 2025
Case No.
Criminal Appeal No. 724 of 2025
Result
Allowed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 3 S.C.R. 1189 : 2025 INSC 399
Acts & Sections
Negotiable Instruments Act, 1881 CrPC Bhartiya Nagarik Suraksha Sanhita, 2023
Supreme Court Reports [2025] 3 S.C.R. 1189 : 2025 INSC 399
Issue for consideration
Whether the complaint filed by the respondent-Credit Co-operative Society under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque allegedly issued by the appellant in favour of the respondent, ought to be quashed.
Headnote

Abuse of process of law – Suppression of material facts and documents – When – Negotiable Instruments Act, 1881 – s.138 – Code of Criminal Procedure, 1973 – s.200 – Security cheque issued in lieu of the loan allegedly taken by the appellant from the respondent-Credit Co-operative Society, dishonoured – Notice u/s.138 issued by the respondent – Appellant wrote letters seeking loan documents to enable her to reply statutory notice, which was not supplied to her – Respondent filed complaint, process u/s.138 issued – Challenged, High Court dismissed the petition – Interference with:

Held: A litigant who suppresses material facts or makes a false statement cannot seek justice from the court – Respondent filed complaint suppressing the reply and the letter sent by the appellant’s advocate seeking the documents relied upon in the notice – These two documents were also suppressed in the statement on oath u/s.200, CrPC – Respondent made out a false case that the appellant did not reply to the demand notice – If these two letters were disclosed in the complaint, the Magistrate while recording the statement u/s.200, CrPC, could have questioned the respondent on the supply of documents to the appellant and after noticing that notwithstanding service of two letters written by the appellant, relied upon documents were not provided to the appellant, he could have dismissed the complaint – Setting criminal law in motion by suppressing material facts and documents is an abuse of the process of law – Impugned order set aside – Complaint and the order of cognizance are quashed and set aside. [Paras 13, 14, 22]

Criminal Procedure Code, 1973 – s.200 – Examination of complainant – Bhartiya Nagarik Suraksha Sanhita, 2023 – s.223 – Complainant’s statement on oath – Object – Duty of Magistrate:

Read the full headnote (1 more paragraph)

Held: Recording the complainant's statement on oath u/s.200 is not an empty formality – The object of recording the complainant's statement and witnesses, if any, is to ascertain the truth – Magistrate is duty-bound to put questions to the complainant to elicit the truth – The examination is necessary to enable the Court to satisfy itself whether there are sufficient grounds to proceed against the accused – After considering the complaint, the documents produced along with the complaint, and the statements of the complainant and witnesses, if any, the Magistrate has to apply his mind to ascertain whether there is sufficient ground for proceeding against the accused – If he is satisfied that there is sufficient ground to proceed against the accused, then he has to issue a process in terms of s.204(1), CrPC. [Para 10]

Keywords: Dishonour of cheque · Suppression of material facts and documents · Very material documents suppressed · Abuse of the process of law · Supply of documents · Relied upon documents not provided · False case · Default in repayment of the loan · Loan documents · Statement on oath · Statutory notice · Demand notice · Issue of process · False statement · Credit Co-operative society · Overdraft · Security cheques · Legal notice · Discharge of debt

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Abhay S. Oka, J. FACTUAL ASPECTS 1. The Appellant is the accused in Criminal Case No. 648 of 2016 pending before the Judicial Magistrate First Class, Kalwan (for short, ‘the JMFC’). The complaint was filed by the respondent before the JMFC alleging the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’) on the basis of the dishonour of a cheque, which was allegedly issued by the appellant in favour of the respondent, a Credit Co-Operative Society. 2. It is alleged by the respondent that the appellant had obtained
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →