Case details: Rekha Sharad Ushir Vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. (Criminal Appeal No. 724 Of 2025)
Critical Point of Judgement: “It is settled law that a litigant who, while filing proceedings in the court, suppresses material facts or makes a false statement, cannot seek justice from the court.”
Significant Findings in the Judgment: Magistrate must check the documents, complainant’s statement on oath under Section 200 of the CrPC (and witness, if any), apply his mind before passing an order of Issue Process against the Accused.
Important lessons from the Judgment:
- Non supply of essential documents can adversely affect the complaint filed under section 138 of Negotiable Instrument Act, 1881.
- The facts suppressed must be material and relevant to the controversy, which may have a bearing on the decision making.
- It is essential to send reply to demand notice sent by the Complainant, and such notice reply is crucial evidence for rebuttal of claim of cheque dishonour.
Essential Conclusions:
- This judgment highlighted the importance of disclosing all applicable facts in the cheque bounce cases. Demand Notice required under the NIA Act and Complaint must be accurately drafted, vague words in the same can affect the case adversely.
- Entire complaint is quashed against the Accused for using vague words in drafting, suppression of material facts, and non-submission of essential documents to Accused.
Judgement Analyzed By,
Shailendra M Deshpande
Advocate & Trademark Attorney
+91 98900 32603
