RAJESHBHAI MULJIBHAI PATEL AND OTHERS ETC. versus STATE OF GUJARAT AND ANOTHER ETC.

RAJESHBHAI MULJIBHAI PATEL AND OTHERS ETC. versus STATE OF GUJARAT AND ANOTHER ETC.

The FIR alleging forgery was quashed because it rested solely on the handwriting expert's opinion while the central issue of genuineness of the receipts was already framed and pending in the Summary Suit, and continuing the FIR would prejudice parties and amount to abuse of process; however, the High Court's quashing of the complaint under Section 138 NI Act was set aside and that criminal complaint restored because issuance of the cheques was admitted and the statutory presumption under Section 139 NI Act remains unless rebutted by evidence, so the cheque case must proceed for adjudication after evidence.

Parties
Appellant: Rajeshbhai Muljibhai Patel; Appellant: Vipulkumar Hasmukhbhai Patel; Appellant: Hashmukhbhai Ravjibhai Patel; Respondent, Accused: Yogeshbhai Muljibhai Patel; Respondent, Complainant: Mahendrakumar Javaharbhai Patel
Jurisdiction
India
Judgment Date
10 February 2020
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 14.12.2018 of the High Court of Gujarat at Ahmedabad
Outcome
Appeals allowed in part; impugned High Court order set aside in part
Legal Topics
Section 138 NI Act (cheque Dishonour), Section 139 NI Act (presumption of Cheque Issuance), Quashing of FIR Under Section 482 Cr.p.c., Handwriting Expert Opinion and Evidentiary Weight, Order 37 Summary Suit, Abuse of Process, Rebuttable Presumptions Under Evidence Law
Negotiable Instruments Act, 1881 Indian Penal Code, 1860 Code of Criminal Procedure, 1973 Indian Evidence Act, 1872 Code of Civil Procedure, 1908 Section 138 NI Act (cheque Dishonour) Section 139 NI Act (presumption of Cheque Issuance) Quashing of FIR Under Section 482 Cr.p.c. +4 more

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Parties

Rajeshbhai Muljibhai Patel

Appellant

Vipulkumar Hasmukhbhai Patel

Appellant

Hashmukhbhai Ravjibhai Patel

Appellant

Yogeshbhai Muljibhai Patel

Respondent, Accused

Mahendrakumar Javaharbhai Patel

Respondent, Complainant

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 14.12.2018 of the High Court of Gujarat at Ahmedabad

Legal Issues

  1. 1 Whether FIR No.I-194/2016 alleging forgery and cheating should be quashed when genuineness of receipts is pending in Summary Suit No.105/2015
  2. 2 Whether the criminal complaint under Section 138 of the NI Act in C.C.No.367/2016 should have been quashed despite admission of cheque issuance by the accused
  3. 3 Whether the sole opinion of a handwriting expert suffices to register and continue a criminal FIR

Ratio Decidendi

The FIR alleging forgery was quashed because it rested solely on the handwriting expert's opinion while the central issue of genuineness of the receipts was already framed and pending in the Summary Suit, and continuing the FIR would prejudice parties and amount to abuse of process; however, the High Court's quashing of the complaint under Section 138 NI Act was set aside and that criminal complaint restored because issuance of the cheques was admitted and the statutory presumption under Section 139 NI Act remains unless rebutted by evidence, so the cheque case must proceed for adjudication after evidence.

Court Disposition

Appeals allowed in part; impugned High Court order set aside in part

Orders

  • Impugned order set aside
  • FIR No.I-194/2016 quashed