Chattisgarh High Court
Mrs. Veena Jain vs Ghanshyam Das Tapadia on 2 July, 2025
1/2
Digitally
signed by
SOURABH
SOURABH PATEL
HIGH COURT OF CHHATTISGARH AT BILASPUR
PATEL Date:
2025.07.03
11:02:39
+0530
CRMP No. 2038 of 2025
1 - Mrs. Veena Jain W/o Late Shri Mool Chand Jain Aged About
66 Years R/o C- 135, Sector -5, Tagore Nagar, Raipur
(Chhattisgarh).
... Petitioner
versus
1 - Ghanshyam Das Tapadia S/o Late Shri Champa Lala
Tapadiya, Aged About 85 Years R/o 35, Vivekanand Nagar, Raipur
(Chhattisgarh).
... Respondent
Order Sheet
02.07.2025 Mr. Achyut Tiwari, Advocate for the Applicant.
Heard on I.A. No. 01/2025, which is an
application for grant of interim relief/stay.
The present petition has been filed for
quashing of the Criminal (Complaint) Case No.
5478/2022 filed against the petitioner under
Section 138 read with Section 142 of the Negotiable
Instruments Act, 1881 (“NI Act“) for dishonour of
Cheque No. 488763 dated 26.07.2022 for an
amount of INR 5,00,000/- issued by the erstwhile
2/2
partnership firm M/s Technodrillers, pending
considering before the Court of Judicial Magistrate
First Class, Raipur.
Learned counsel for the petitioner submits
that the proceedings under Section 138 of the
Negotiable Instruments Act are pending based on a
cheque No. 488763 dated 26.07.2022, bearing the
signature of Mool Chand Jain, the petitioner’s
husband, who is reported to have passed away on
17.02.2022, i.e., prior to the cheque date.
Therefore, it is prayed that I.A. No. 01/2025 may be
allowed and further proceedings in Criminal Case
No. 5478/2022 pending before the JMFC, Raipur
be stayed until the final disposal of the petition.
Considering the facts and circumstances of
the case, and the submissions made by counsel for
the petitioner, purely as an interim measure, it is
directed that the further proceedings of Criminal
Case No. 5478/2022 pending before the JMFC,
Raipur, shall remain stayed till the next date of
hearing.
Let notice be issued to the respondent, on
payment of process fee as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.