Supreme Court - Daily Orders
Vikram Singh vs Shyoji Ram on 18 February, 2022
Author: Chief Justice
Bench: Chief Justice, A.S. Bopanna, Hima Kohli
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.289 OF 2022
(Arising out of SLP(Crl.)No.132 of 2019)
VIKRAM SINGH … APPELLANT
Versus
SHYOJI RAM … RESPONDENT
O R D E R
The Court is convened through Video Conferencing.
Leave granted.
The instant appeal, by way of special leave, is directed
against order dated 20.03.2018 passed by the High Court of
Judicature for Rajasthan at Jaipur in S.B.Criminal Writ Petition
No.242 of 2018 whereby the High Court allowed the writ petition
preferred by the respondent and quashed and set aside the
proceedings in Case No.3091 of 2013.
Heard learned counsel appearing on behalf of the
appellant as also the learned counsel appearing on behalf of the
respondent and carefully perused the material placed on record.
Learned counsel for the respondent vehemently contends
that there is no reason to continue the trial as the appellant has
not made out a case under Section 138 of the Negotiable Instruments
Act, 1881 against his client. Learned counsel for the respondent
further submits that the Bank Managers (DW2 and DW3) have
specifically deposed that no such bank account was opened and
maintained in their bank.
On the other hand, learned counsel for the appellant
Signature Not Verified
pointed out Annexure P-2 which is the dishonoured cheque and return
Digitally signed by
SATISH KUMAR YADAV
Date: 2022.02.25
18:18:25 IST
memo where it has been endorsed as “ACCOUNT FROZEN”.
Reason:
After perusing Annexure P-2, it is surprising that on the
one hand, the Bank Managers have specifically deposed that no such
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bank account was opened and maintained in their bank while on the
other hand the cheque drawn by the respondent in favour of the
appellant, was returned with the remark “Account Frozen” in respect
of the same cheque. The bank account has been mentioned on the
cheque and the endorsement to the effect “Account Frozen” will
presuppose that an account existed. This is a matter which is to be
taken into consideration by the trial court in detail, and not
merely on the evidence of DW2 and 3. The parties will have to go
through a full-fledged trial. In any event, it was not a matter the
proceedings could have been quashed.
We, accordingly, feel it was premature to quash the
complaint filed by the appellant herein, by the High Court. The
impugned order passed by the High Court is, accordingly, set aside.
We direct the trial court to restore and take up the
matter in Case No.3091/2013 and conclude the same in accordance
with law expeditiously and preferably within a period of six months
from the date of receipt/production of a copy of this order.
The respondent is at liberty to raise all the pleas
before the trial court.
The appeal stands disposed of accordingly.
.........................CJI.
(N.V. RAMANA)
..............……..........J.
(A.S. BOPANNA)
..............…..........J.
(HIMA KOHLI)
NEW DELHI;
FEBRUARY 18, 2022.
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ITEM NO.23 Court 1 (Video Conferencing) SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).132/2019
(Arising out of impugned final judgment and order dated 20-03-2018
in SBCRL No.242/2018 passed by the High Court of Judicature for
Rajasthan at Jaipur)
VIKRAM SINGH Petitioner(s)
VERSUS
SHYOJI RAM Respondent(s)
Date : 18-02-2022 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. Sarad Kr. Singhania, Adv.
Ms. Rashmi Singhania, AOR
For Respondent(s) Mr. Namit Saxena, Adv.
Ms. Taruna Ardhendumauli Prasad, AOR
UPON hearing the counsel the Court made the following
O R D E R
The Court is convened through Video Conferencing. Leave granted.
The appeal stands disposed of in terms of the signed order.
(SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)