High Court Bombay Mahendrakumar Kanhyalal Jain VERSUS Shri Mahavir Urban Co-operative Credit Society Limited | A question of law, which is sought to be raised in this petition is as to whether summons can be issued against the accused calling upon him to produce documents in his custody or possession in the criminal trial, wherein complainant wants to rebut defence of the accused. It appears that in the pending Summary Criminal Case No. 3061/2003, in a trial arising out of complaint under Section 138 of the Negotiable Instruments Act, the complainant Shri Mahavir Urban Co-operative Credit Society Ltd., Jalgaon through its authorised Recovery Officer had lodged complaint on the ground that the accused (present petitioner) had obtained loan from the complainant-company. The cheque in question bearing No.841812 drawn upon United Western Bank Ltd., Jalgaon on 9.4.2003 for sum of Rs.72,16,911/- was presented by the complainant in Akola Urban Co-operative Bank Ltd., Akola, branch Jalgaon on 10.4.2003 for encashment. The cheque was returned dishonoured with Bank memo from the United Western Bank Ltd., Branch Jalgaon with a remark “Full cover not received” In other words, there were no sufficient funds in the account of the accused, hence cheque was dishonoured. The complainant, therefore, demanded payment by notice sent by R.P.A.D. and under postal certificate, calling upon the accused to pay the amount within fifteen days. Though the accused received that notice on 1.5.2003, the amount demanded was not paid. That being so, the complaint was lodged alleging offence punishable under Section 138 of the Negotiable Instruments Act. It cannot be disputed that such complaints are triable as summary criminal cases, in view of Section 262 to 265 (both inclusive of the Criminal Procedure Code) and the legislature in its wisdom enacting Section 143 of the Negotiable Instruments Act made provision for expeditious trial in such cases.143. Power of Court to try cases summarily...
Posted on: Sun, 30 Jun 2013 14:00:07 +0000
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