NDLI: Rajeshbhai Muljibhai Patel and Others Etc. Vs. State of Gujarat and Another Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) Negotiable Instruments Act, 1881 (26 of 1881) Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – ss.138 and 139 – Appellant no.1 is real brother of respondent-accused in a criminal case filed u/s.138 by their maternal uncle-appellant no.3 – Both the brothers are residents of UK – Their father had agricultural lands in India – In order to sell the same, accused called up appellant no.3, who gave Rs.30,00,000/- each on four days to respondent no.2 who issued receipts for and on behalf of accused – Accused later informed appellant no.3 that he had already sold the aforesaid lands to a company – Appellant no.3 demanded his legal outstanding debt of Rs.1,20,00,000/- – Accused issued 4 cheques – Dishonoured – Claim against 2 cheques is barred by limitation – Criminal case u/ s.138 concerns only 2 cheques – Appellant no.3 filed Summary Suit for recovery of Rs.1,20,00,000/- based on four receipts – FIR registered against appellants alleging forgery and fabrication of the four receipts – Appellant nos.1-3 sought its quashing – Accused also sought quashing of the criminal case filed against him u/s.138 – High Court declined to quash the FIR – Criminal case u/s.138 was quashed – Held: Four receipts filed in the suit were sent to handwriting expert who opined that signatures therein did not tally with respondent no.2’s sample signatures – It was only thereafter that FIR was registered against the appellants – Based on sole opinion of handwriting expert, the FIR ought not to have been registered – When the issue as to the genuineness of receipts is pending consideration in the civil suit, continuation of FIR would prejudice the interest of parties and their stand in the civil suit – Further, the accused admitted issuance of cheques – When once the issuance of cheque is admitted/established, the presumption would arise u/s.139 in favour of the holder of cheque-appellant no.3 – Nature of presumptions u/s.139 & s.118(a), 1872 Act are rebuttable – High Court did not keep in view that until the accused discharges his burden to rebut the statutory presumption, the presumption u/s.139 will continue to remain – Impugned order set aside – FIR against the appellants is quashed – Criminal case filed by appellant no.3 u/s.138 is restored – Same be disposed of in accordance with law – Summary Suit be proceeded in accordance with law, uninfluenced by views expressed by High Court in the impugned order – Code of Civil Procedure, 1908 – Or.37– Penal Code, 1860 – ss.406, 420, 465, 467, 468, 471 & 114 – Code of Criminal Procedure, 1973 – s.482 – Evidence Act, 1872 – ss.45, 73 and 118(a).
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2020 INSC 160
Petitioner	Rajeshbhai Muljibhai Patel And Others Etc.
Respondent	State Of Gujarat And Another Etc.
SCR	[2020] 2 S.C.R. 687
Judgement Date	2020-02-10
Case Number	251

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Rajeshbhai Muljibhai Patel and Others Etc. Vs. State of Gujarat and Another Etc.

Please Log-in to view this content

Standard Chartered Bank Vs. State of Maharashtra and Others Etc.

Valjibhai Muljibhai Soneji and Another Vs. The State of Bombay {now Gujarat) and Others

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors.

Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr.

Pradeep Kumar and Another Vs. Post Master General and Others

State of Gujarat & Anr. Etc. Etc. Vs. Patel Ranjibhai Dhanbhai & Ors. Etc.

N Parameswaran Unni Vs. G Kannan and Another

Dashrathbhai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel & Anr

Harshendra Kumar D. Vs. Rebatilata Koley Etc.

Rajeshbhai Muljibhai Patel and Others Etc. Vs. State of Gujarat and Another Etc.

Rajeshbhai Muljibhai Patel and Others Etc. Vs. State of Gujarat and Another Etc.

Please Log-in to view this content

Similar Documents

Standard Chartered Bank Vs. State of Maharashtra and Others Etc.

Valjibhai Muljibhai Soneji and Another Vs. The State of Bombay {now Gujarat) and Others

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors.

Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr.

Pradeep Kumar and Another Vs. Post Master General and Others

State of Gujarat & Anr. Etc. Etc. Vs. Patel Ranjibhai Dhanbhai & Ors. Etc.

N Parameswaran Unni Vs. G Kannan and Another

Dashrathbhai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel & Anr

Harshendra Kumar D. Vs. Rebatilata Koley Etc.

Rajeshbhai Muljibhai Patel and Others Etc. Vs. State of Gujarat and Another Etc.