From Our Bureau
NEW DELHI: The Supreme Court has quashed an order passed by the Jaipur Bench of the Rajasthan High Court closing a cheque bouncing case of 2013 on the pretext of the bank managers denying opening of any such bank account or maintained in their bank.
A Bench, headed by Chief Justice of India N V Ramana expressed surprise over the bank managers’ deposition when counsel of appellant Vikram Singh produced the dishonoured cheque of Shyoji Ram, along with the return memo endorsing that “account frozen.”
In its judgment on February 18, the Bench, also comprising Justices A S Bopanna and Hima Kohli, said the bank account number has been mentioned on the cheque and the endorsement of “account frozen” will presuppose that an account existed.
It directed the trial court to take into account this fact and not go merely on the evidence of the bank managers. The parties will have to go through a full-fledged trial as the High Court should not have quashed the proceedings, the Bench said, stressing that “it was premature for the High Court to quash the complaint filed by the appellant.”
Setting aside the HC order passed on March 20, 2018, the Bench directed the trial court to restore and take up the cheque bouncing case of 2013 and conclude it expeditiously, preferably within six months. It said the respondent is at liberty to raise all the pleas before the trial court.
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