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RAKESH MOHAN PANDEY
Arvind Kumar Thakur, S/o. K. K. Thakur – Appellant
Versus
Pooja Gupta, W/o. Ritesh Gupta – Respondent
ORDER :
1. The petitioner has challenged the order passed in Criminal Revision No.401/2018 by 9th Additional Sessions Judge, Raipur dated 03.12.2018 whereby the revision preferred by the complainant has been allowed and the order dated 01.08.2018 passed by the learned JMFC, Raipur in unregistered case filed under Section 138 of the Negotiable Instruments Act has been set aside.
2. The case, in nutshell, is that, the respondent filed a complaint case under Section 138 of the Negotiable Instruments Act read with Section 420 of the IPC on the ground that cheque No.189467 was issued in discharge of liability by the petitioner on 15.12.2017 and when it was presented before the ICICI bank, Bilaspur on 18.12.2017 it got dishonoured. The complainant was informed regarding dishonour of cheque and intimation was given in this regard on 19.12.2017 and again it was dishonoured on 06.02.2018 which was presented before the bank on assurance given by the petitioner. A legal demand notice under Section 138 of the Negotiable Instruments Act was issued on 28.02.2018 by the petitioner, but he could not receive the postal acknowledgment and thereafter, he approached the postal department thereafter the
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....
A complaint under Section 138 of the Negotiable Instruments Act, 1881 must be made within one month of the date on which the cause of action arises. The court does not have jurisdiction to take cogni....
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....
The explanation given in the complaint itself constituted sufficient cause for condoning the delay in instituting the complaint, and the complaint was not barred by time.
The main legal point established in the judgment is that the explanation given in the complaint itself can constitute sufficient cause for condoning the delay in instituting a complaint under Section....
Point of law:Delay in filing complaint – Notice - When there is a delay in filing the complaint, necessarily the complainant will file an application for condonation of delay. When such application i....
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