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SANJAY KUMAR DWIVEDI
Arup Chatterjee, S/o. Sri Anup Chatterjee – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been filed for quashing of entire criminal proceeding in connection with Complaint Case No.1116 of 2013 including order taking cognizance dated 02.07.2013 passed by the learned Judicial Magistrate, First Class, Ranchi whereby cognizance of offence under section 138 of Negotiable Instruments Act, 1881 has been taken and summons has been directed to be issued against the petitioner, pending in the court of Judicial Magistrate, First Class, Ranchi.
The prosecution story is based on the typed complaint petition for the complainant namely Dindayal Singh. It is alleged that the accused no.2 on behalf of the Care Vision Infrastructure and Agrotech Ltd. fraudulently convinced and motivated the complainant to invest money in the said company with an assurance that after 12 months the money will be returned to complainant with 12 % interest over the invested money. It has been further alleged that the complainant invested altogether Rs.3,00,000/- in the company. It is further alleged that on maturity the accused no.2 had issued cheque of Rs.3,36,000/- bearing cheque no.913947 of Bank of India Kantatoli Branch Ranchi having account no.459920110000074 dated 16.01.
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
The main legal point established in the judgment is the requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
Dishonour of cheque – Complainant is not required to prove service of notice on accused before institution of case—Requirement of giving notice is a clear departure from rule of criminal law, where t....
The presumption of service of legal notice under Section 27 of the General Clauses Act applies, and a complaint under Section 138 of the Negotiable Instruments Act is premature if filed before the st....
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
Negotiable Instruments – Factum of disputed service of notice requires adjudication on the basis of evidence and the same can only be done and appreciated by the trial court and not by this Court und....
Negotiable instrument - Notice - Cause of action for filing a complaint case under Section 138 of the N.I. Act could not arise prior to expiry of 15 days from the date of service of legal notice on t....
The main legal point established in the judgment is the presumption of service under Section 27 of the General Clause Act and Section 114 of the Evidence Act in cases of service of notice under the N....
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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