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CHANDRA SHEKHAR JHA
Kanchan Jha – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. –
CRIMINAL MISCELLANEOUS No. 31347 of 2015
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 08.05.2015 passed in C.R. No. 90/75 of 2015, where learned Judicial Magistrate, Ist Class Madhubani took cognizance for the offences punishable under Sections 420 of the Indian Penal Code read with Section 138 of the Negotiable Instrument Act (in short Act) against the petitioner.
3. Opposite Party No. 2 joins the present proceedings.
4. From the crux of complaint petition it appears that complainant filed a complaint case on 29.01.2015 in the court of learned Chief Judicial Magistrate, Madhubani stating therein that he has a shop of Hardware, cement etc. situated at Benipatti Bazar, where the date of occurrence i.e. on 05.08.2014 accused/petitioners came to his house and requested him to lend iron rod and cement for which they had no money at present and due amount shall be paid within a month. At the request of accused complainant, complainant agreed to give the goods on credit like kamdhenu iron rod worth Rs. 44,000/-, four hundred bags cement total amounting t
The trial Court erred in taking cognizance of the complaint under Section 138 of the Negotiable Instruments Act without examining the complainant and in violation of statutory time limits.
Criminal Law - Dishonored of Cheque - Notice - It is well settled principle of law that notice has to he read as a whole. In notice, demand has to be made for “said amount” i.e. cheque amount. If no ....
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....
A valid demand notice under Section 138 of the Negotiable Instruments Act must specify the exact amount related to the dishonored cheque; failure to do so invalidates the cognizance.
The amendment to the Negotiable Instruments Act is prospective, not retroactive, affecting the timeline for filing complaints based on the cause of action's occurrence.
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
The presumption of service of legal notice under Section 27 of the General Clauses Act applies, and a complaint under Section 138 of the Negotiable Instruments Act is premature if filed before the st....
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