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BEFORE NAVIN CHAWLA
Dev Vart – Appellant
Versus
Bank of Baroda – Respondent
Navin Chawla, J. (Oral)
1. This petition has been filed under Section 482 of the Code of Criminal Procedure (in short, `Cr.P.C.') praying for quashing of the summoning order dated 09.05.2019 passed by the learned Metropolitan Magistrate-04 (NI Act), Central, Tis Hazari Courts, Delhi in CC No.15240/2018, titled Bank of Baroda v. Dev Vart, as also the abovesaid Criminal Complaint itself.
2. The learned counsel for the petitioner submits that in the present case, pursuant to the return of the cheque issued by the petitioner from the bank, the respondent had issued a demand notice dated 25.07.2018 to the petitioner. The said notice, though posted on 25.07.2018, was received by the petitioner on 27.07.2018. She submits that in terms of the Proviso (c) to Section 138 of the Negotiable Instruments Act, 1881 (in short, `NI Act'), the cause of action for filing of the complaint would arise only after 15 days from the receipt of the notice by the petitioner, that is, on or after 11.08.2018.
3. In the present case, however, the respondent filed the subject complaint on 10.08.2018, that is, before of the cause of action for filing the same had arisen. Placing reliance on the judgment of the Supre
A complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the statutory notice period, which affects the cause of action.
A complaint under Section 138 of the Negotiable Instruments Act, filed before the statutory period of notice has expired, is not maintainable, but a fresh complaint can be filed within one month if t....
The cause of action for filing a complaint case under Section 138 of the Negotiable Instruments Act could not arise prior to expiry of 15 days from the date of service of legal notice on the accused.
The cause of action for filing a complaint under Section 138 arises after 15 days from the service of the demand notice, not from the notice itself.
Since in interpretation of statutes Court always presumes that legislature inserted every part thereof for a purpose and legislative intention is that very part should have effect above conclusion ca....
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