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ANIL KUMAR CHOUDHARY
Damodar Mallick @ Damodar Malik S/o Gaganchandra Mallick – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the order dated 20.06.2019 passed by learned Judicial Magistrate-1st Class, Bermo at Tenughat in connection with C.P. Case No.746 of 2019 registered for the offence punishable under Section 138 of the N.I. Act which is now pending in the court of learned Judicial Magistrate-1st Class, Bermo at Tenughat.
3. The brief facts of the case is that the petitioner allegedly issued three cheques i.e., one cheque dated 20.02.2019 for Rs.12,00,000/- and two cheques dated 03.05.2019 for Rs.16,00,000/- each; all the 3 cheques of State Bank of India, Kalunga Branch. The said three cheques were deposited by the complainant with his banker and all the three cheques were returned with the remarks “payment stopped by drawer” on 06.05.2019. The complainant thereafter sent a demand/legal notice to the petitioner but it is the case of the complainant that till today in spite of the said notice, the petitioner neither returned
A valid demand notice under Section 138 of the N.I. Act must be issued after the cheque is returned unpaid; failure to do so renders the complaint invalid.
Sending replacement cheque in closed cover refused by payee does not amount to payment under Section 138 NI Act Proviso (c) as payee must possess money; compounding requires complainant's consent.
The correct address for the service of notice of demand and the necessity of due diligence and full sense of responsibility in passing orders of issuance of process against an accused.
Criminal Law - Dishonored of Cheque - Notice - It is well settled principle of law that notice has to he read as a whole. In notice, demand has to be made for “said amount” i.e. cheque amount. If no ....
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
The court reaffirmed that the presumption of liability under Section 139 of the Negotiable Instruments Act must be established through evidence at trial, not pre-trial.
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....
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
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