Delhi District Court
Mr. Joymon vs M/S Luxor Writing Instruments Pvt. Ltd on 15 February, 2013
-1-
IN THE COURT OF MS. POONAM A. BAMBA
ADDITIONAL SESSIONS JUDGE-01
PATIALA HOUSE COURTS : NEW DELHI
Criminal Revision No. 82/12
Mr. Joymon, Proprietor,
M/s. Gokul Agencies,
T.C. 40/925, Saras 14,
Sreevaraham, Manacaud P.O.,
Trrivandrum 695009
Kerala ..... Petitioner
Versus
M/s Luxor Writing Instruments Pvt. Ltd.
Through its Authorised Persons
229, Okhla Industrial Estate-III,
New Delhi-110020 ..... Respondent
Date of institution of the revision : 20.12.2012
Date of arguments : 14.02.2013
Date of disposal : 15.02.2013
Revision u/Ss 399 & 397 of the Code of Criminal
Procedure against the impugned order of
Ld. MM dated 17.10.2012
ORDER
15.02.2013 1.0 This is a revision petition against the order of Ld. MM dated 17.10.2012, vide which the Ld. MM dismissed the revisionist's application for sending the dishonoured cheque to CFSL, Carbon Dating Agency and Handwriting Expert for Cri. Revision No. 82/12 Page No. 1 of 6 Joymon Vs. M/s Luxor Writing Instruments -2- examination/verification of the time difference in writing of name of the complainant company & signatures on one hand and date and amount mentioned in the cheque.
2.0 Briefly stating, the facts as per record are that the revisionist is the proprietor of M/s Gokul Agencies having its office at Trrivendrum; it was having business dealings with the respondent; the revisionist on 08.04.2000 had entrusted as security, to the officials of the complainant company/the respondent, five blank cheques with signatures and the name of the complainant company written on it; there was no legally enforceable debt or liability in favour of the respondent, on that date. The respondent had put a date of 16.10.2002 and filled a figure of Rs.4,81,506/- on the said blank cheque bearing no. 830460, without any intimation to/or instructions of the revisionist; the said cheque was presented for payment, without there being any liability on the part of the revisionist; the cheque was returned dishonoured on 24.10.2002, leading to filing of complaint by the respondent u/Sec. 138 of Negotiable Instruments Act, 1881 (in short "NI Act"). The revisionist had Cri. Revision No. 82/12 Page No. 2 of 6 Joymon Vs. M/s Luxor Writing Instruments -3- filed an application u/Sec. 243 (2) of Code of Criminal Procedure (in short "Cr.PC"), for sending the cheque in question for expert opinion, which was dismissed by the Ld. MM vide impugned order dated 14.10.2011. The same is under challenge in this revision.
3.0 The impugned order has been challenged by the revisionist inter-alia, on the grounds that the Ld. MM erred in appreciating that the cheque in question was given by way of security and not towards discharge of any existing liability; the details on the cheque i.e. date and amount were not filled by the revisionist; the expert opinion could have proved that the date and amount were filled later and the cheque was outdated and was not given towards any liability. But, the Ld. MM dismissed the said application, without appreciating this fact. 4.0 On the other hand, the respondent submitted that the revisionist can lead evidence in support of its plea that the said cheque was not issued in discharge of any liability. The expert opinion would have been of no help to demonstrate the Cri. Revision No. 82/12 Page No. 3 of 6 Joymon Vs. M/s Luxor Writing Instruments -4- same, in view of the admitted fact that duly signed blank cheque was issued by the revisionist. The Ld. MM has rightly dismissed the revisionist's application.
5.0 I have heard Sh. Robin Raju, Ld. counsel for the revisionist and Sh. Chand Zafar, Ld. counsel for the respondent and have perused the record carefully.
6.0 It is admitted by the revisionist that duly signed blank cheque bearing no. 830460, drawn on the State Bank of Travancore, SSI Branch, at Delhi, in the name of the complainant/respondent company, was handed over to the respondent company. The revisionist's only challenge is, that the said dishonoured cheque was issued by way of security and not towards any existing liability.
6.1 The revisionist has contended that the examination of the said cheque by CFSL/ Carbon Dating Agency / Handwriting Expert would have proved that the date 16.10.2002 and amount Rs.4,81,506/- were filled subsequently by the respondent company; same would have shown that the said cheque was Cri. Revision No. 82/12 Page No. 4 of 6 Joymon Vs. M/s Luxor Writing Instruments -5- issued not towards any existing liability but was given by way of security. The revisionist has failed to explain as to how the mere fact that date and amount were filled by the respondent later would have demonstrated that the cheque was issued not towards the liability. The Ld. MM has rightly noted that as per Sec. 20 NI Act, the holder of the inchoate instrument/cheque is authorized to fill in the details; and that no purpose would be served in sending the said cheque for examination by the expert agencies. In view of the same, the judgment of the Hon'ble Supreme Court in G. Someshwar Rao Vs. Samineni Nageshwar Rao and Another, Cr.A. No. 1353 of 2003 [Arising out of S.L.P. (Cr.) No. 6278 of 2007] with Cr.A. No. 1354 of 2009 [Arising out of S. L. P. (Cr.) No. 6838 of 2007], relied upon by the revisionist is of no assistance to it. In that case the signatures/writing were in dispute.
6.2 It may also be mentioned that the revisionist would have the opportunity and would be at liberty to place on record the material/lead evidence to show that the said blank cheque was issued, not towards any liability but by way of security. Cri. Revision No. 82/12 Page No. 5 of 6 Joymon Vs. M/s Luxor Writing Instruments -6- 7.0 For the aforesaid reasons, I find no infirmity or illegality in the order of Ld. MM. The revision petition is, therefore, dismissed.
Trial Court Record be sent back along with the copy of this order.
Revision file be consigned to the Record Room.
Announced in open Court (Poonam A. Bamba)
Date : 15tb February, 2013 ASJ-01/PHC/New Delhi
Cri. Revision No. 82/12 Page No. 6 of 6
Joymon Vs. M/s Luxor Writing Instruments