Manipur High Court
The Sui Generis Inc & Anr vs Smt. Sovelia Akoijam on 17 April, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 1-2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cril.Petn. No. 26 of 2025 with
MC(Cril.Petn.) No. 25 of 2025
The Sui Generis Inc & Anr.
.....Petitioner/s
- Versus -
Smt. Sovelia Akoijam
.... Respondent/s
BEFORE
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
17.04.2025
[1] Heard Mr. M. Ibohal, learned counsel for the petitioners.
[2] By the present petition under Section 482 Cr.P.C. 1973
(Section 528 of BNSS 2023), the petitioners are inter-alia praying for
quashing and setting aside (i) the Complaint being Cril.(NI) Case No.
66 of 2018 (previously Cril.(C) No. 381 of 2016) (Annexure-P/2), (ii)
judgment and order dated 03.12.2024 passed by Ld. Chief Judicial
Magistrate – Imphal West in Cril.(NI) Case No. 66 of 2018 (previously
Cril.(C) No. 381 of 2016) (Annexure-P/3Colly) and (iii) with a prayer for
interim relief of staying further proceeding.
[3] The respondent filed Cril.(C) No. 381 of 2016 before the
Court of Ld. CJM, Imphal East under Section 142 of the Negotiable
Instruments Act, 1881 for offence punishable under Section 138 of NI
Act. Later on, the complaint was transferred to the Court of Ld. CJM,
Imphal West and re-registered as Cril.(NI) Case No. 66 of 2018.
[4] Vide order dated 03.12.2024 passed by Ld. CJM, Imphal
West, Cril.(NI) Case No. 66 of 2018, the petitioners were convicted
under Section 138 of NI Act and the matter was fixed on 09.12.2024 for
sentence hearing. Since the petitioner did not appear before the Court
of Ld. CJM on the day fixed for sentence hearing, subsequently
proclamation was issued and vide order dated 25.03.2025, Ld. CJM,
Imphal West fixed the matter for further proceeding on 28.04.2025.
[5] In the present petition, the petitioners are praying for
quashing the complaint case filed by the respondent, judgment dated
03.12.2024 passed by Ld. CJM convicting the petitioners and also
order dated 25.03.2025 passed by the Ld. CJM, Imphal West for fixing
date on 28.04.2025 for further proceeding.
[6] Mr. M. Ibohal, learned counsel for the petitioners, submits
that the offence under Section 138 NI Act is not made out in the
complaint and Ld. CJM, Imphal West has failed to appreciate this.
[7] This Court has perused the materials on record and
considered the submissions made by the learned counsel for the
petitioners.
[8] It is cleared that in the complaint under NI Act, the
petitioners appeared before the Ld. CJM and contested the case. By
perusing material and evidence on record and vide order dated
03.12.2024, Ld. CJM convicted the petitioners under Section 138 of NI
Act and fixed for proceeding for sentence hearing. Without going to the
merit of the case, this Court is not willing to exercise the inherent
jurisdiction for quashing the complaint as well as conviction order.
[9] At this stage, Mr. M. Ibohal, learned counsel for the
petitioners, submits that the petitioners may be permitted to withdraw
the present petition with liberty to approach the appropriate forum as
per rule.
[10] Recording the submissions made at the bar, the petition
along with misc. application is dismissed as withdrawn with liberty to
approach the appropriate forum, if so advised.
[11] It is made clear that this Court does not express any
opinion on the merit of the case.
JUDGE
Kh. Joshua Maring
Digitally signed
KH. by KH. JOSHUA
JOSHUA MARING
Date: 2025.04.17
MARING 16:57:08 +05'30'
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