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CHANDRA DHARI SINGH
H. S. OBEROI BUILDTECH PVT. LTD. – Appellant
Versus
MSN WOODTECH – Respondent
ORDER :
1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”)] has been filed on behalf of the petitioners seeking the following reliefs:
(b) Grant such other and further relief, as may be found just and proper under the circumstances of the case by this Hon’ble Court along with the costs to the petitioners.”
2. The respondent filed a complaint case bearing CC NO. 397/2020 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter “NI ACT”) thereby, alleging that the petitioners issued a cheque for a sum of Rs. 13,61,402/- in discharge of a legally enforceable liability. The cheque was presented for encashment but was dishonoured with the remarks “payment stopped by drawer.”
3. The learned Trial Court, vide order dated 28th October, 2020, passed the summoning order, whe
The court upheld the summoning order under Section 138 of the NI Act, confirming that the complaint was filed within the limitation period and a prima facie case was established against the petitione....
A complaint under Section 138 of the NI Act must be filed within one month from the date of the cause of action, but courts can condone delays upon showing sufficient cause.
The necessity of the drawer failing to make the payment within 15 days of the receipt of the notice for a case to be filed under section 138 of N.I. Act, and the requirement of following statutory pr....
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.
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....
Strict construction of penal provisions, timing of complaint filing, and dishonour reasons under section 138 N.I. Act.
Point of Law : Method of computation of period of limitation to file complaint under Section 138 of NI Act.
The main legal point established in the judgment is the interpretation of the statutory provisions in Sections 138 and 142 of the Negotiable Instruments Act regarding the period of limitation for fil....
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