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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rajiya Sultana @ Rajida @ Rajiya, W/o. Jakir Hussain – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. basis for the complaint under section 138 (Para 2 , 3) |
| 2. arguments on valid service of notice and case precedents (Para 4 , 5 , 6) |
| 3. opposition arguments highlighting trial court's authority (Para 7 , 8) |
| 4. court resolves not to interfere with the trial (Para 9) |
| 5. conclusion and disposition of the petition (Para 10) |
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to quash the entire criminal proceeding including the order taking cognizance dated 26.11.2021 passed by the learned S.D.J.M., Sahibganj in connection with Complaint Case No.120 of 2020 whereby and where under a prima facie case under Section 138 of the Negotiable Instrument Act was found against the petitioner.
3. The brief fact of the case is that the opposite party no.2 –complainant gave Rs.5,00,000/- to the petitioner herein, who is the accused person of Complaint Case No. 120 of 2020. The petitioner issued a cheque of Rs.5,00,000/- to the complainant in discharge of the said debt which was dishonoured upon being presented by the complainant through
A complaint under Section 138 of the Negotiable Instrument Act requires valid notice and cannot be quashed on service grounds once trial is concluded.
Valid service of demand notice under Section 138 NI Act requires delivery to drawer; receipt by unrelated person does not fulfill precondition, rendering complaint not maintainable without cause of a....
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.
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
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.
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
The correct service of statutory notice of demand, including sending it to the correct address of the drawer of the cheque, is essential for establishing the pre-condition for filing a complaint unde....
Proper service of notice under Section 138 is crucial, but if sent to the last known address, it is deemed sufficient, maintaining the presumption in favor of the complainant.
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 requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
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