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2022 Supreme(Cal) 213

ANANDA KUMAR MUKHERJEE
Soumen Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant :Subrata Bhattacharya, Indranuj Dutta, Advocates.
For the Respondents:Ayan Bhattacharya, Advocates.

Judgement Key Points

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)

What is the requirement for the complainant to show sufficient cause for not filing a complaint within the prescribed period under sections 138 and 142 of the Negotiable Instruments Act?

What is the proper procedure for taking cognizance in a case under section 138 of the Negotiable Instrument Act when there is a delay, including the role of condonation of delay under the proviso to section 142(b)?

What are the consequences if cognizance is taken without considering a pending application for condonation of delay under the proviso to section 142(b) of the Negotiable Instrument Act?


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

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