Akhaya Kumar Nayak VS Swarupa Subhadarshini Dutta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SIBO SANKAR MISHRA
Akhaya Kumar Nayak – Appellant
Versus
Swarupa Subhadarshini Dutta – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Suryakanta Dwibedi, Advocate
For the Opp. Party: None

JUDGMENT

Sibo Sankar Mishra, J.—The petitioner is the accused in ICC Case No.47/57 of 2023 filed by the opposite party under Section 138 of the Negotiable Instruments Act (In short “N.I. Act”)

2. The petitioner had issued a cheque of Rs.3,00,000/- in favour of the opposite party and on presentation, the petitioner’s bank have returned the cheque for having insufficient of funds in the account of the petitioner. Therefore, the opposite party is prosecuting the petitioner by filing complaint case.

3. On 03.08.2023, the learned S.D.J.M., Baripada has taken cognizance of the offence under Section 138 of the N.I. Act and issued summon to the petitioner. The petitioner is aggrieved and challenged the said order in the present petition.

4. Mr. Dwibedi, learned counsel appearing for the petitioner submits that the complaint is not maintainable, in view of the fact that the cheque was presented beyond the valid period. He has pointed out from the date chart of the complaint petition that although, the cheque was issued on 03.01.2023, but the cheque was presented on 04.04.2023, which is beyond the valid period. To substantiate his argument, he has relied upon the judgment of the Hon’ble Supr

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