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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Tikam Ram – Appellant
Versus
Mohar Singh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 21.9.2021, passed by learned Judicial Magistrate First Class, Ani, District Kullu, H.P. (learned Trial Court), vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed. (Parties shall hereinafter bereferred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). It was asserted that the accused purchased grocery articles worth Rs.80,000/- from the complainant and issued a post-dated cheque of Rs.80,000/-, drawn on Punjab National Bank, Bagipul in his favour. The complainant presented the cheque before his banker, but it was dishonoured with an endorsement of “funds insufficient”. The complainant issued a legal notice on 22.01.2014, which was deemed to be served on 27.01.2014. The accused failed to make the payment; hence, the complaint was filed to take a
A complaint under Section 138 of the Negotiable Instruments Act cannot be maintained if filed beyond the limitation period without a condonation application. Interference in acquittals requires stric....
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.
Point of law:Delay in filing complaint – Notice - When there is a delay in filing the complaint, necessarily the complainant will file an application for condonation of delay. When such application i....
The court can condone delays in filing complaints under the Negotiable Instruments Act if satisfied with a sufficient cause, assessing the substance of justice over technicalities.
Point of Law : Proviso of Section 142(b) of the N.I. Act which confers jurisdiction upon the Court to condone the delay.
(1) Cognizance of offence – Power conferred upon Court to take cognizance of a belated complaint is subject to complainant first satisfying Court that he had sufficient cause for not making complaint....
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