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SANJAY KUMAR DWIVEDI
Sourav Ghosh Choudhury S/o Late Subhash Ghosh Choudhury – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioner, Ms. Amrita Kumari, learned counsel for the State and Mr. Navneet Sahay, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing the order dated 16.10.2015 passed in P.C. Case No. 320/2015, pending in the court of the learned Chief Judicial Magistrate at Saraikella.
3. The complainant has filed the petition alleging therein that he was a partnership firm and accused petitioner is running a factory of manufacturing Hume Pipe and both were well known to each other and maintaining good relation during business transaction and friendly. Later on the cheques issued by the accused petitioner were dishonoured. Thereafter the complainant filed P.C. Case No. 146/2014 which was withdrawn by him on 10.02.2015 on the false assurance of the accused and a Promissory Note on the same day signed by both the parties. The accused petitioner issued three cheques of total value of Rs. 15 Lacs in favour of the complainant which were dishonoured by his banker due to insufficient fund. Thereafter, after service of notice to the accused the complainant filed a case
The central legal point established in the judgment is the requirement for the complainant to follow the prescribed procedure, including filing a fresh complaint and seeking condonation of delay if n....
The necessity of condoning the delay in filing a complaint under the Negotiable Instrument Act and the specific provisions of Section 138 were central to the judgment.
Quashing of FIR is an exception rather than an ordinary rule, and the High Court should exercise the powers under Section 482 Cr.P.C sparingly with circumspection.
Independent causes of action for dishonoured cheques can lead to multiple complaints under Sec. 138 of the Negotiable Instruments Act, and the necessity of an inquiry under Sec. 202 is contingent upo....
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....
The amendments made in the N.I. Act and judicial precedents can influence the jurisdiction of the court to entertain and decide cases under Section 138 of the N.I. Act.
Compliance with statutory notice requirements under the Negotiable Instruments Act is a matter for trial court examination.
Since in interpretation of statutes Court always presumes that legislature inserted every part thereof for a purpose and legislative intention is that very part should have effect above conclusion ca....
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