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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Deepak Bahal – Appellant
Versus
Jitendra Pareek – Respondent
| Table of Content |
|---|
| 1. complaint filed under section 138 ni act. (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against modification of dismissal. (Para 5 , 6) |
| 3. court's reasoning on maintainability of complaints. (Para 7 , 8) |
| 4. final order permitting fresh complaint. (Para 9 , 10 , 12) |
| 5. legal remedy must exist for every right. (Para 11) |
ORDER :
ANOOP KUMAR DHAND, J.
1. Since the common question of law and facts are involved in these appeals, hence, with the consent of counsel for the parties, these matters are taken up together for final disposal and the same are being decided by this common order.
2. For the sake of convenience, the facts narrated in S.B. Criminal Appeal No.2827/2023 are taken into consideration.
3. The facts narrated in this criminal appeal indicates that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act of 1881”) was submitted by the appellant against the respondent when the cheque issued by the respondent was dis-honoured.
4. The complaint was filed by the appellant in the year 2016, but the same remained pending before the Court of Special Metropolitan Magistrate (N.I. Act Cases) No.6, Jaipur Metropolitan I and thereafter the same w
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....
A complaint under Section 138 filed before the expiry of 15 days is invalid; the complainant may file a fresh complaint within one month from the decision.
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 N.I. Act is not maintainable if filed before the statutory fifteen-day notice period has expired, rendering any cognizance taken by the court invalid.
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before t....
A complaint filed under S.138 prior to the cause of action is not necessarily premature and can await maturity without dismissing the complaint.
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
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