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2009 Supreme(HP) 191

SURJIT SINGH
RATTAN CHAND – Appellant
Versus
KANWAR RAM KRIPAL – Respondent


Advocates appeared:
For the Appellant :Mr. N.K. Thakur with Mr. Pankaj Negi, Advocates.
For Respondent No.1:Mr. V.D. Khidta, Advocate.
For Respondent No. 2: Mr. P.M. Negi, Dy. A.G. with Mr. Ramesh Thakur, Assistant A.G.

JUDGMENT

Surjit Singh,J. (Oral):-Heard and gone through the record. Appellant is aggrieved by the judgment dated 17.1.2002 of the learned Additional C.J.M., Una whereby his complaint, under Section 138 of the Negotiable Instruments Act, read with Section 420 of the Indian Penal Code, which he filed against respondent Kanwar Ram Kripal, has been dismissed. The sole reason for the dismissal of the complaint, recorded by the learned trial Court Magistrate, is that the complaint was premature having been filed a day before the accrual of the cause of action.

2. Respondent allegedly issued a cheque for Rs. 9500/- in favour of the complainant. The cheque was dishonored. On return of the cheque alongwith the necessary bank memo, complainant issued a notice to the respondent on 19th August 1993. Complainant was supposed to have waited for 15 days before filing the complaint, as within that much time the respondent could have made the payment, as per requirement of law and escaped prosecution the alleged criminal liability. Appellant, however, rushed to the Court a day before the expiry of that 15 days time. The time was to expire on 4th September 1993, but the complaint was filed on 3rd S




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