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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Aniket Kumar, son of Arun Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
1. Heard learned counsel appearing on behalf of the parties.
2. The present application has been filed for quashing the cognizance order dated 12.10.2023 passed by learned Judicial Magistrate 1st Class, Siwan in connection with Complaint Case No. 1619 of 2023, where cognizance was taken for the offence under section 138 of the Negotiable Instruments Act.
3. While arguing this matter, learned counsel heavily relied upon the legal notice from wherein, it transpires that the compliance of Section 138 (b) of the Negotiable Instrument Act, 1881 not appears to be followed as demand was not raised for the “said amount” i.e. the amount for which the instrument under dispute was drawn by opposite party no. 2. It is submitted that on this score alone, the entire cognizance order is bad in eyes of law and same be fit to be set aside/quashed. Besides the aforesaid main illegality, it is submitted by learned counsel appearing for the petitioner that there was dispute between the parties related with their business and deed of partnership as executed between them on 15.10.2019 was not complied with in its true spirit. It is also submitted that the instrument in iss
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.
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 ....
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
The legal notice under section 138 of the N.I. Act serves the purpose of intimating the drawer about the liability to remit the amount, and a literal interpretation of the law should be avoided to pr....
The main legal point established in the judgment is the importance of timely objections and the admissibility of documents in evidence.
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
A notice under Section 138 must clearly demand the cheque amount; ambiguity can invalidate proceedings, but if the demand is sufficiently clear, the notice is valid.
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
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