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SANJAY PRASAD
Mukteshwar Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Prasad, J.
The present Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 02.12.2016 passed by the learned Sessions Judge, Lohardaga in Criminal Appeal No.21 of 2016, by which, the said Criminal Appeal has been dismissed with the modification in sentence by which the appellant has been directed to pay a compensation amount of Rs.7,00,000/- within 30 days from the date of passing of the order, failing which, the compensation amount is to be realized from the movable or immovable properties of the appellant and in default of payment of compensation amount within stipulated time, the appellant will undergo Simple Imprisonment for a period of 1 and ½ years apart from the realization of the compensation amount from his movable or immovable properties, although vide judgment of conviction and order of sentence dated 05.02.2016 passed by Sri Shekhar Kumar, learned Judicial Magistrate, 1st Class, Lohardaga in connection with Complaint Case No.201/2012, the petitioner has been convicted for the offence under Section 138 of the N.I. Act and has been sentenced to undergo Rigorous Imprisonment for a period of (02) two ye
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.
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before 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....
The court affirmed that a cheque issued in an individual's capacity does not require the company to be impleaded as an accused, and the complaint was not time-barred.
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 necessity of the drawer failing to make the payment within 15 days of the receipt of the notice for a case to be filed under section 138 of N.I. Act, and the requirement of following statutory pr....
A complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the statutory notice period, which affects the cause of action.
The court confirmed that a dishonoured cheque can lead to criminal liability under Section 138, provided all statutory requirements, including timely filing of the complaint, are met.
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