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SANJAY KUMAR DWIVEDI
Sumati Kachhap W/o Sukhlal Kachhap @ Sukhlal Lohra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Sanjeev Thakur, learned counsel for the petitioner, Mr. P.C. Sinha, learned counsel for the State and Mr. Sunil Kumar, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing of entire criminal proceeding including the order dated 10.01.2013 passed by the learned Chief Judicial Magistrate, Gumla in connection with Complaint Case No. 210 of 2010, pending in the court of the learned Chief Judicial Magistrate, Gumla.
3. The complaint case has been filed by opposite party no. 2 alleging therein that the complainant and petitioner has known to each other in the year 2004 for establishing a School and the petitioner had promised to help the complainant in establishing the School if the complainant will arrange Rs. 25,00,000/-. It has been further alleged that somehow she arranged the money and gave to the petitioner by cash and demand draft, in the year 2006 again the petitioner promised to help the complainant for establishing the School. It has been also alleged that on different date money has been given by different modes and in return some cheques were issued by the petitioner in favour of the complainant. O
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.
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....
A cheque issued for repayment of money, even if initially related to an employment agreement, can constitute a legally enforceable liability under Section 138 of the Negotiable Instruments Act.
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....
A disputed defense regarding the misuse of a cheque in a Section 138 NI Act case constitutes a factual dispute requiring evidence and is not a valid ground for quashing criminal proceedings under S.5....
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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