ANANDA KUMAR MUKHERJEE
Soumen Sarkar – Appellant
Versus
State of West Bengal – Respondent
Key Points: - The judgment emphasizes the need for the complainant to satisfy the court of sufficient cause for not filing within the statutory period under section 138 and 142 (p_1) - It discusses that after amendment in 2002, proviso to section 142(b) allows condonation of delay and affects cognizance timing (p_1) - The court compelled the magistrate to consider the sufficiency of cause for delay before proceeding (p_1) - It notes that cognizance or process should not be issued without proper condonation of delay where required (p_1) - The decision sets aside the impugned order and directs reconsideration if sufficient cause for delay is shown (p_1) - The matter references the requirement that no court shall take cognizance unless the complaint is filed within the permitted period, unless condoned (p_1) - There is discussion of multiple judgments and how they influence whether limitation is to be considered at initiation (p_4, p_11, p_12) - The revisional application ends with direction to provide opportunity to satisfy the court for delay and then proceed legally (p_1, p_18) - The final order: revisional application allowed; interim orders vacated; complainant to appear within a fortnight (p_18)
JUDGMENT :
1. This revisional application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner principally against Jagannath Dubey, opposite party no. 2 praying for quashing of proceedings and impugned order dated 25.7.2013 passed by Learned Additional Chief Judicial Magistrate, Raghunathpur, District Purulia, in Complaint Case No. 2 of 2013 under section 138 of the Negotiable Instrument Act.
2. In gist, the facts of the complaint case is that opposite party no. 2 filed a complaint under section 138 of the Negotiable Instrument Act against the petitioner before the court of Learned Additional Chief Judicial, Raghunathpur, Purulia, alleging that the petitioner borrowed a some of money from opposite party no. 2 for his business and in discharge of his liability the petitioner issued two cheques of Rs.1,50,000/- and Rs.2,20,00/- in favour of the opposite party no. 2 drawn on Axis Bank Limited, Durgapur Branch. The payee, deposited the cheques with the State Bank of India, Raghunathpur Branch for encashment but both the said cheques were dishonoured due to insufficiency of fund. A complaint was lodged against the petitioner under section 138 of the N
Bangur Finance Limited Vs. Tejesh Ranjan Ghosh; 2007 (2) CHN 893
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.