Rajasthan High Court
Raj Singh Khurana S/O Shri S. ... vs M/S Aavas Financiers Limited on 12 April, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3477/2019
Raj Singh Khurana S/o Shri S. Kalyan Singh, Aged About 45
Years, R/o Ward No.15, Mohalla Bahetiyon, Village Chaksu,
District Jaipur, Raj.
----Petitioner
Versus
M/s Aavas Financiers Limited, Through Authorized
Representative Nitesh Kumar Khandelwal S/o Shri Pawan Kumar
Khandelwal, Registered Office 201-202, Second Floor, South And
Square, Mansarovar, Industrial Area, Jaipur.
----Respondent
For Petitioner(s) : Mr. Anurodh Chaturvedi
For Respondent(s) : Mr. Anurag Sharma,
Mr. Harsh Sharma
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Judgment reserved on : 08/04/2022
Date of Pronouncement : 12/04/2022
1. By way of this criminal miscellaneous petition, petitioner
wants to quash to quash of complaint and further proceedings
under Section 138 Negotiable Instrument Act in Case
No.13807/2018 pending before Special Metropolitan Magistrate
(Negotiable Instrument Act Cases) No.17, Jaipur Metro, Jaipur.
2. Learned counsel for the petitioner submits that petitioners
had taken loan from A.U. Housing Finance Company and cheque
was issued by the petitioner as a security. Learned counsel for the
petitioner also submits A.U. Housing Finance Company was
changed in Aavas Financiers Limited on 29.03.2017. Loan was
taken by the petitioner in the year 2014 and at that time, disputed
(2 of 3) [CRLMP-3477/2019]
cheque was given as a security and the said cheque is valid for
upto Rs.10,00,000/- but respondent had filled the amount of
Rs.16,29,687/-. Learned counsel for the petitioner also submits
that disputed cheque was valid upto Rs.10,00,000/-. So, it is not a
valid negotiable instrument as defined under the Negotiable
Instrument Act. So, trial Court wrongly taken the cognizance
against the petitioner under Section 138 of Negotiable Instrument
Act. So, order of learned trial Court dated 13.11.2018, be
quashed.
3. Learned counsel for the petitioner relied upon the judgment
passed by Rajasthan High Court in the case of Prem Mohan
Govila Vs. The State of Rajasthan through Public Prosecutor
reported in 2018(3) WLC (Raj.) 381, decided on 25.05.2018.
4. Learned counsel for the respondent has opposed the
arguments advanced by learned counsel for the petitioner and
submits that trial Court had rightly taken the cognizance against
the petitioner under Section 138 of Negotiable Instrument Act.
Learned counsel for the respondent further submits that validity of
the cheque is to be decided at the time of evidence. So, there is
not infirmity and illegality in order of the trial Court. So, petition
be dismissed.
5. Learned counsel for the respondent relied upon the judgment
passed by Hon'ble Apex Court in the case of State of Haryana
and Ors. Vs. Bhajan Lal and Ors. reported in 1992 Supp (1)
SCC 335, decided on 21.11.1990.
6. It is an admitted position that the cheque was issued in the
name of A.U. Housing Finance Company and it is also an admitted
position that the said cheque was given as a security against the
loan. It is also admitted position that the disputed cheque bears a
(3 of 3) [CRLMP-3477/2019]
specific printed instruction that it would be treated valid only
issued for a sum of Rs.10 lacs and under. Therefore, the cheque in
question which was filled in and presented for a sum of Rs.
16,29,687/- cannot be treated to be a valid negotiable
instrument/cheque as defined under the Negotiable Instruments
Act.
7. In my considered opinion, Special Metropolitan Magistrate
had wrongly taken cognizance against the petitioner under Section
138 of Negotiable Instruments Act. So, petition is deserves to be
allowed.
8. Accordingly, the criminal miscellaneous petition is allowed
and order of the learned Special Metropolitan Magistrate
(Negotiable Instrument Act Case) No.17, Jaipur Metro, Jaipur in
case No.13807/2018, M/s Aavas Financiers Limited Vs. Raj Singh
Khurana, is quashed.
(NARENDRA SINGH DHADDHA),J
Seema/94
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