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SUSMITA PHUKAN KHAUND
Sasha Dhar Barman, S/o Sibu Barman A Nd Proprietor Of B. S. Fashion Tailoring – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. M.K. Borah, learned counsel for the petitioner as well as Mr. R.K. Mour, learned counsel for the respondent no. 2. Also heard Mr. K.K. Das, learned Addl. P.P. for the respondent no. 1.
2. The petitioner has filed this application under Section 482 of Cr.P.C. for setting aside and quashing the C.R. Case No. 1779/2019 pending in the Court of learned Judicial magistrate, First Class, Kamrup (M), Guwahati.
3. The respondent no. 2 has filed a complaint under Section 138 of Negotiable Instrument, Act, 1881 (N.I. Act for short) before the Chief Judicial Magistrate, Kamrup (M) and the case was transferred to the Judicial Magistrate 1st Class, Kamrup (M). Vide order dated 19.06.2019, learned trial Court passed an order for adjournment, as the respondent No. 2/complainant filed the petition for adjournment of the case and the next date was fixed on 15.07.2019. Another petition was filed by complainant with prayer for condonation of delay of 16 days. On 17.09.2029, the learned trial Court issued notice to the present petitioner.
4. It is averred that vide order dated 10.09.2021, the delay of 16 days was condoned and the next date was fixed on 06.012.2021 for initial deposi
Court may take cognizance after expiry of period of limitation, if it is satisfied on facts and in circumstances of case that delay has been properly explained and that it is necessary so to do in in....
The main legal point established in the judgment is the requirement for the complainant to satisfy the court of sufficient cause for not filing the complaint within the prescribed period under sectio....
The court established that under the Negotiable Instruments Act, a complaint for dishonour of a cheque must be filed within a specific time frame, and failure to provide sufficient cause for any dela....
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.
The court emphasized the power of the court to alter or add charges, permit re-examination of witnesses, summon additional accused, and allow additional evidence, and highlighted the quasi-criminal n....
Point of Law : It is evident that petitioner did not maintain any account in Corporation Bank, though respondent firm has claimed that cheque in question was issued by the petitioner to be drawn in C....
The amendment to the Negotiable Instruments Act is prospective, not retroactive, affecting the timeline for filing complaints based on the cause of action's occurrence.
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