FIR in cheque bounce cases impermissible: Allahabad HC
PRAYAGRAJ, Aug. 30 -- The Allahabad high court has held that the registration of FIR by police in cheque bounce cases (under section 138 of the Negotiable Instrument Act) and also in the matters relating to some other special Acts is impermissible. Further, there is a specific bar on taking cognizance by the magistrates on the police report under such special Acts.
The court said section 142 of the NI Act prescribes a specific procedure for initiation of proceedings in cheque bounce cases providing that no court shall take cognizance of any in such matters except upon a written complaint made by the payee or the holder of the cheque before the magistrate.
Justice Vinod Diwakar took a serious note of registration of the FIR in a case against one Sudhir Kumar Goyal (applicant) and consequent filing of chargesheet and framing of charge against him, of which the chief judicial magistrate, Bulandshahr, took cognizance and summoned the applicant.
The court directed all the district judges to sensitise the judges of the district not to take cognizance of the police report filed in contravention of the provisions of special Acts.
"The judges are further required to sensitize that registration of FIR as a serious repercussion in criminal jurisprudence, if the illegality with respect to impermissibility of registration of FIR is checked at initial stage (within 24 hours of its registration), it would save lot of resources and time of the high court besides harassment to the aggrieved person," the court said.
The high court in its judgment dated August 12 directed the registrar (compliance) to forthwith transmit a copy of this order to all the district judges....
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