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Dhanraj S/o Sh. Rajhmal Ji – Appellant
Versus
Abhay Singh S/o Sh. Jodh Singh – Respondent
ORDER :
1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. This criminal leave to appeal has been preferred claiming the following reliefs :-
3. The factual matrix of case in brief is that the appellant/complainant filed a complaint under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘Act of 1881’) against respondent-accused on 22.02.2010 before the Court of Judicial Magistrate, Sumerpur, District Pali alleging inte
The statutory period of 15 days under Section 138(c) of the Negotiable Instruments Act, 1881 is mandatory and must be adhered to for filing a complaint.
The central legal point established in the judgment is the significance of the mandatory notice period under Section 138(c) of the Negotiable Instruments Act in providing the drawer with an opportuni....
The central legal point established in the judgment is that a complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the prescribed 15-day per....
A complaint under Section 138 of the N.I. Act is invalid if filed before the 15-day period from the receipt of the notice has expired.
Dishonour of cheque – Complaint is not maintainable before expiry of period of fifteen days from date of receipt of notice by drawer of cheque – Remedy is to file fresh complaint.
The cause of action under Section 138 of the Negotiable Instruments Act arises immediately upon the return of a notice as 'refused', without needing a subsequent 15-day waiting period for payment.
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.
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