Sandhya Goyal vs Vijay Singh & Anr

Headnote AI-drafted · Reviewed and approved

The petitioner filed two petitions under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of complaint cases CC No. 336/2016 and CC No. 332/2016, which were filed by Respondent No.1 under Section 138 of the Negotiable Instruments Act, 1881. The complaints arose from agreements to sell agricultural land, whereafter the complainant discovered the properties were subject to a civil dispute with a stay order, leading to the dishonour of five cheques issued by Respondent No.2 purportedly to discharge the petitioner's liability.

The petitioner contended that she was not the drawer of the dishonoured cheques and that vicarious liability under Section 141 of the NI Act was not applicable to the facts of the case. The Trial Court had refused discharge of the petitioner by order dated 13.09.2018, and revision petitions before the Additional Sessions Judge were dismissed on 22.04.2019, with the observation that whether Respondent No.2 gave assurances for repayment at the instance of the petitioner was a matter of trial.

The respondent-complainant raised a preliminary objection regarding the maintainability of petitions under Section 482 CrPC after the revisional jurisdiction had already been invoked, while the Court proceeded to consider the settled legal position that the inherent powers under Section 482 CrPC have a wide ambit and can be exercised in the interest of justice notwithstanding the bar under Section 397 CrPC.

Catchwords: quashing of complaint · Section 482 CrPC · Section 138 Negotiable Instruments Act · dishonour of cheque · vicarious liability · Section 141 NI Act · discharge application · maintainability of petition · inherent powers · revisional jurisdiction · agreement to sell · absconder

Quashing of FIR (Section 482 CrPC / 528 BNSS) Cheque dishonour (Section 138 NI Act)