The RBI has categorically issued a notification wherein it is stated that Non-CTS cheques will not be presented before the Bank for encashment from December 31, 2013. This was upheld in the judgment passed by a single judge bench comprising of HON’BLE MS. JUSTICE SINDHU SHARMA, in the matter Ravi Kumar Sharma V. Yoginder Singh [IA No. 01/2016], dealt with an issue where the petitioner filed a petition seeking quashing of criminal proceedings in which cognizance under section 138 of the Negotiable Instrument Act, 1881 has been taken by the Sub-Judge/Special Mobile Magistrate, Jammu on the complaint filed by the respondent.
The complaint was filed by the respondent/complainant herein alleging that the petitioner borrowed a sum of Rs.2,50,000/- from the complainant and after some time, he issued a cheque drawn on Ellaquai Dehati Bank, Jammu for liquidation of the debts. The cheque was presented by the respondent/complainant for payment but the said cheque was dis-honoured vide memo.
The petitioner seeks exercise of the inherent powers of this Court under Section 561-A Cr.P.C, on the ground that the complaint is false and frivolous, because as per Income Tax Act, every loan beyond Rs.2,00,000/- could be advanced only through cheque and since the complainant has nowhere pleaded in his complaint that the amount was paid in cheque, therefore, it is a violation of Section 266 (ss) of the Income Tax Act and the stand of the respondent-complainant is that he paid Rs. 2,50,000/- in cash is false.
The complaint is liable to be dismissed because the cheque for which, the complaint was filed could not have been presented before the Bank and, as such, the same could not have been encashed also for the reason that it became obsolete by December 2013, therefore, it is not legally enforceable debt against which the complaint under Section 138 of Negotiable Instrument Act. Moreover, the cheque could not have been given by the petitioner herein on 05.02.2015 because the same had become obsolete and it is categorically mentioned in the statement duly made by the petitioner that the cheque was issued from Mr. Surinder Khanna in the year 2006-2007.
After hearing both sides, the Hon’ble High Court of Jammu and Kashmir dismissed the petition and held that the powers of this Court under Section 561-A Cr.P.C. are not to promote such litigation which is opposed to the concept of justice which is also a paramount importance because the petitioner has nowhere denied his signatures on the cheque, therefore, he claims to know so much about income tax and CTC, yet he issued a cheque, which was not CTC which borders on cheating and fraud, though the 4 CRMC No. 497/2016 respondent has not filed any case of cheating before the police against him, but the respondent appears only interested in recovery of his money and no harassment to the accused.
Judgement reviewed by – Vaishnavi Raman
