VidhiSangh

Supreme Court of India · 26/03/2025

REKHA SHARAD USHIR versus SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD.

[2025] 3 S.C.R. 1189 · 2025 INSC 399

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Summary

A complaint under Section 138 of the Negotiable Instruments Act was quashed because the complainant credit society suppressed, in the complaint and in its statement on oath under Section 200 CrPC, two letters by which the accused had replied to the demand notice and sought the documents relied upon in it; setting criminal law in motion by suppressing material facts and documents is an abuse of the process of law.

Issues

  1. Whether a complaint under Section 138 of the NI Act and the order issuing process are liable to be quashed where the complainant suppressed the accused's reply to the statutory demand notice and her subsequent letter seeking the documents relied upon in the notice.
  2. Whether a payee who relies on loan documents in the demand notice is obliged to supply or permit inspection of those documents when the drawer asks for them in order to reply to the notice.
  3. Whether the respondent's belated claim, raised by additional affidavit, that loan account statements had been furnished to the appellant could cure the suppression.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 18.12.2023 set aside; Criminal Case No. 648 of 2016 before the JMFC, Kalwan and the order of cognizance dated 02.03.2017 quashed; respondent's other remedies for recovery of the amount allegedly due left open.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1189.