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2018 DIGILAW 913 (SC)

Arun Kumar v. Ravindra Singh

2018-05-16

R.BANUMATHI, RANJAN GOGOI

body2018
ORDER 1. Leave granted. 2. The complainant is in appeal before this Court against an order of the High Court of Allahabad dated 15th May, 2017 by which the proceedings under section 138 of the Negotiable Instruments Act, 1881 ("N.I. Act" for short) has been quashed by the High Court against the respondent No. 1 - accused. 3. We have heard the learned counsels for the parties and we have considered the matter. In the reply to the notice issued under sections 138 and 142 of the N.I. Act the respondent No. 1 - accused had taken the stand that the cheque(s) in respect of which the offences were alleged had been stolen. To demonstrate the apparent falsity of the claim made by the accused in the reply we have been taken through the statement of the accused made in Case Crime No. 98/2013 which goes to show that though there is an allegation of theft of cheque(s)/cheque book(s) the same pertains to the Allahabad Bank and not the ICICI Bank on which Bank the cheques in question were issued. 4. Learned counsel for the respondent No. 1 - accused has tried to convince the Court that reference to the second Cheque Book No. 1396 to 1400 of Account Nos. 50138487029 and 50131709786 in the aforesaid statement of the accused pertains to the ICICI Bank. Comparing the aforesaid Account numbers to the Account numbers mentioned in the cheques which have been dishonoured we find that the said Account number(s) referred to in the complaint of the accused with regard to the theft of cheque(s) is different from the Account number(s) mentioned in the cheque(s) dishonoured. 5. On the above basis, we take the view that the High Court was not justified in quashing the impugned proceedings. We, therefore, allow this appeal; set aside the order of the High Court and direct that the proceedings against the respondent No. 1 - accused will now recommence from the stage where it was interdicted by the High Court. 6. The appeal is disposed of in the above terms.