RAMESH GIRI Vs. DHEERAJ GOBHUJ

JUDGEMENT

(1.) By this application under Section 482 of the Cr.PC. Ramesh Giri has challenged the order dated 9-1-2013 passed by the Additional Sessions Judge, Ujjain in Criminal Revision No. 11/2013 upholding the order of the Trial Court and dismissing the objection raised by the accused/petitioner regarding insufficiently stamped document. Brief facts of the prosecution case are that the respondent/complainant had filed a complaint for offence under Section 138 of the Negotiable Instruments Act (hereinafter referred as "the Act") against the petitioner/accused for settling a loan account with a Co-operative Society. The accused/petitioner resisted the complaint by taking up a defence that a blank cheque was fraudulently obtained by respondent/complainant and later on misused to file the present complaint. It came about that, while recording of the evidence of the complainant, he wanted a document, dated 25-3-2011 to be marked as Exh. P-1. The present petitioner/accused objected to the document being first called a "receipt" since language in the document clearly indicated that it was a bond, which was not properly stamped and on this ground it was inadmissible in evidence. This document was filed by the complainant as Annexure P-4. The Trial Court has however, by order dated 11-12-2012 dismissed the objection of the accused/petitioner that the proceedings under Section 138 of the Act are quasi civil in nature and that the provisions of Section 35 of the Stamp Act would be attracted.

(2.) Being aggrieved accused petitioner preferred a criminal revision before the Revisional Court and the Revisional Court had dismissed the same, vide order dated 9-1-2013. And hence, the present petition under Section 482 of the Cr. PC.

(3.) Counsel for the petitioner has vehemently urged the fact that both the Courts below had failed to consider that the documents were required to be properly stamped under Section 35 of the Stamp Act, if it is to be accepted in evidence. Otherwise it has to be impounded and only after payment of stamp duty fees and penalty as imposed by the Stamp Collector, the documents could have been exhibited. Counsel relied on Kaushalya Devi Massand Vs. Roopkishore, 2011 4 SCC 593, to state that the Apex Court had while considering the gravity of the Indian Penal Code or other criminal offences vis- -vis the Negotiable Instruments Act held that an offence under Section 138 of the Negotiable Instruments Act, 1881, is almost in the nature of a civil wrong, which has been given criminal overtones. Counsel submitted that the offence was a quasi civil in nature and Section 35 of the Stamp Act would, therefore, be naturally attracted. Placing reliance on P.K.M. Caps and Polymers Pvt. Ltd. Vs. Sri K. Vishnu Prasad S/o. K..., 2008 2 KarLJ 276, whereby the High Court of Karnataka has considered the case that an agreement of sale, which was written on a white paper, which ought to have been written on a Stamp Paper and the documents namely, the agreement and the cancellation deed were not duly stamped and Court held that the said document is inadmissible in evidence and although in the said case, the Court had held that the objection was raised by the accused/petitioner after the document has been exhibited. Counsel submitted that in the instant case, the objection was properly raised at the initial stage itself by the applicant. Hence, Counsel submitted that the impugned order be set aside.