2021 (11) TMI 982

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....ng that she has approached the quash petitioner for admission in D.Ed course in Gokul college and he assured to allot a seat in Management quota for a sum of Rs. 1,40,000/- she has paid the said amount but the quash petitioner has failed to allot seat and in turn returned an amount of Rs. 80,000/- and gave a cheque for Rs. 60,000/- and the cheque on presentation returned with an endorsement "funds insufficient". Thereafter, the 2nd respondent got issued a legal notice dated 17.07.2013 but it was returned unserved and that she has filed a complaint for the offence under Section 138 of Negotiable Instruments Act, vide C.C.No.403 of 2013. As per the contents of the complaint, the receipt appended to the complaint shows that it is issued in th....

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....rdingly, the complaint filed under Section 138 of the NI Act is liable to be quashed. Initially, the learned counsel has relied on the judgment in Dashrath Rupsingh ( 2014 (2) ALD (Crl.) 190 (SC) supra). In fact, considering the grievance expressed, to overcome the said decision, the Government of India has amended the Negotiable Instruments Act, vide Act 26 of2015 and the Negotiable Instruments (Amendment) Act, 2015 vide Sections 142(2) r/w. 142(A) has now modified the law laid down by Dashrath Rupsingh (2014 (2) ALD (Crl.) 190 (SC) supra) whereby it was held that complaint of dishonour of cheque can be filed only in the Court within the local jurisdiction where the cheque is dishonoured by the bank on which it is drawn. The place of issu....

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.... has categorically held as to the material that may be considered by the High Court to quash the proceedings, which reads as under: "It is no more res integra that exercise of power under Section 482 Cr.PC to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 CrPC is to prevent the abuse of process of any Court or otherwise to secure the ends of justice. It is settled law that the evidence produced by the accused in his defence cannot be looked into by the Court, except in very exceptional circumstances, at the initial stage of the criminal proceedings. It is trite law that the High Court ca....