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RAJIV ROY
Krishna Mohan Kumar Son of Late Paras Nath Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Rajiv Roy, J.
Heard Mrs. Bela Singh, learned Counsel for the petitioner and Mr. Ravindra Kumar Shukla, learned Counsel appearing for the opposite party.
2. The present petition has been preferred for the quashing of the order dated 08.09.2014 passed by the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Trial No. 4870 of 2015 (arising out of Complaint Case No. 2549 of 2013) by which the cognizance has been taken under section 138 of the Negotiable Instrument Act (henceforth for short ‘the N.I. Act’).
3. The facts of the case leading to the present petition is/are as follows:-
4. The opposite party no. 2, Vivek Kumar filed complaint case alleging that:
(ii) as despite the said period crossed, no payment made, he made a request on 26.06.2013 which followed the issuance of Cheque No. 233717 dated 26.06.2013. However, upon production of the cheque before the Bank of Maharaja, Muzaffarpur, it was dishonoured for want of insufficient fund.
(i
The court established that under the Negotiable Instruments Act, a complaint for dishonour of a cheque must be filed within a specific time frame, and failure to provide sufficient cause for any dela....
The main legal point established in the judgment is the requirement for the complainant to satisfy the court of sufficient cause for not filing the complaint within the prescribed period under sectio....
Dishonour of cheque – Magistrate is forbidden from taking cognizance of offence if complaint was not filed within one month of date of which cause of action arose.
The necessity of the drawer failing to make the payment within 15 days of the receipt of the notice for a case to be filed under section 138 of N.I. Act, and the requirement of following statutory pr....
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
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....
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