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ARUN KUMAR SINGH DESHWAL
Rajiv Malhotra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard Sri Nipun Singh along with Sri Naman Agrawal, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
2. The instant application has been filed to quash the impugned summoning order dated 16.8.2023 as well as the entire proceeding of Complaint Case No. 10789 of 2023 (Rahul Chauhan vs. Rajiv Malhotra), under Section 138 The Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”), P.S. Sector-20 Noida, Bulandshahr, pending before Additional Civil Judge (J.D.)-3/J.M., Gautam Buddh Nagar.
3. learned counsel for the applicant contends that the complaint of opposite party No.2 was dismissed in default on 18.10.2023 at the stage of taking steps itself. Then, the concerned Court cannot restore the same because it had no jurisdiction to recall the order of dismissing the complaint for want of prosecution. In support of his contention, learned counsel for the applicant has relied upon the judgement of Major General A.S. Gauraya and another vs. S.N. Thakur and another; (1986) 2 SCC 709. In paragraphs No. 9, 10 & 11 of this judgement, the Apex court observed that when the complaint is dismissed for non-prosecution, then the secon
The court established that a conditional cheque can lead to liability under Section 138 N.I. Act, and that service of notice via courier and WhatsApp is valid, expanding the interpretation of service....
The main legal point established in the judgment is that the factum of disputed service of notice requires adjudication on the basis of evidence and can only be done and appreciated by the trial cour....
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
For a conviction under Section 138, the complainant must prove both enforceable debt and properly served demand notice; failure to do so leads to acquittal.
The main legal point established in the judgment is the requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
The court emphasized the importance of valid service of legal notice and the necessity for the complaint to be filed after the expiry of 15 days from the date of service of notice, as prescribed unde....
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
The court established that for a complaint under Section 138 of the N.I. Act to be maintainable, specific procedural requirements must be met and reflected in the summoning order, including the prese....
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