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2003 Supreme(Ori) 366

P.K.TRIPATHY
RAMA CHANDRA PANIGRAHI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.Mishra, A.R.MOHANTY, G.S.PANDA, L.MISHRA, N.MOHANTY, R.PATIL, S.Patnaik

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves an appeal against the order of cognizance in a criminal complaint related to a cheque bounce case under the Negotiable Instruments Act (!) (!) .
  • The court found that the complaint was filed prematurely, which violated procedural requirements, leading to the quashing of the cognizance order (!) (!) .
  • Non-service of statutory notice to the accused was established, as the notices were sent to incorrect addresses and returned undelivered (!) (!) .
  • The complaint was lodged within a period that did not account for the proper waiting time after the statutory notice was returned undelivered, further invalidating the process (!) (!) .
  • The accused argued that the notice was sent in the wrong address and that the complaint was filed before the expiry of the statutory period, thus violating procedural provisions (!) (!) .
  • The court observed that the complaint was filed in haste and prematurely, and that remanding the case would not address the procedural irregularities (!) (!) .
  • The court emphasized the importance of proper service of statutory notices and adherence to statutory timelines before initiating criminal proceedings under S. 138 of the Negotiable Instruments Act.
  • Consequently, the court quashed the order of cognizance and allowed the application under Section 482 of the Criminal Procedure Code, effectively dismissing the case at this stage (!) (!) .

Please let me know if you need a detailed analysis or assistance with any specific aspect of this case.


P. K. TRIPATHY, J.

( 1 ) PETITIONER is the accused in I. C. C. No. 680 of 2001 of the Court of S. D. J. M. , Bhubaneswar and the opposite party No. 2 is the complainant in that case. Petitioner filed the aforesaid complaint alleging the offence punishable under S. 138 of the Negotiable Instruments Act, 1881 (in short, 'the Act' ).

( 2 ) IT reveals from certified copy of the complaint that the complainant has alleged that accused took a friendly loan of Rupees 11,68,000/- from the complainant on 8-8-2001. In that respect accused executed a money receipt and agreement on 8-8-2001. The accused had issued a post-dated cheque drawn in favour of the State Bank of India, Puri Branch. The complainant deposited the same with his Banker, i. e. , Union Bank of India, Balukhanda Branch, Puri-2. That cheque bounced with the remarks of 'insufficient balance' and such intimation was sent to the complainant on 17-10-2001. Soon thereafter the complainant made contact with the accused in presence of two witnesses and the accused expressing financial hardship assured the complainant to make arrangement of funds. Complainant waited for two days but the accused did not turn up nor repaid the loan amou









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