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SHAMPA DUTT (PAUL)
Amal Kumar Shee @ Amal Shee – Appellant
Versus
Baburam Naskar – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of proceedings of Case No. C-359 of 2017, under Section 138 of the Negotiable Instruments Act, 1881, pending before the Court of the Additional Chief Judicial Magistrate at Baruipur, South 24 Parganas, and the order dated 14.01.2019 passed therein.
2. The petitioner’s case is that the opposite party no. 2, filed a complaint before the Court of the Learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas, on March 23, 2017, against the Petitioner and his sole proprietorship concern, which in short is as follows:-
A complaint under Section 138 of the NI Act must be filed within the statutory limitation, and failure to comply with Section 142(b) regarding delay results in dismissal.
Delay in filing a complaint under the Negotiable Instruments Act can be condoned if satisfactorily explained and not deliberate or malafide.
It is settled principles of law that court being appellate court will not interfere in judgment of acquittal, unless it is shown that judgment of acquittal is on erroneous ground or it has resulted i....
The main legal point established in the judgment is the interpretation and application of the provisions regarding the condonation of delay in proceedings under Section 138 of the Negotiable Instrume....
A complaint under Section 138 of the Negotiable Instruments Act cannot be maintained if filed beyond the limitation period without a condonation application. Interference in acquittals requires stric....
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