Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Trailokya Mishra – Appellant
Versus
Shankar Narayan Infrastructure (P) Ltd. – Respondent
JUDGMENT :
Savitri Ratho, J.
1. This application under Section 401 read with Sections 397 and 482 of the Code of Criminal Procedure has been filed challenging the judgment dated 17.11.2005 passed by the learned S.D.J.M., Balasore in I.C.C. Case No. 230 of 2004 (Trial No. 225 of 2005) acquitting the opposite parties no. 1 to 5 under Section 138 of The Negotiable Instruments Act and Section 420 of IPC.
2. Brief fact of the case is that the present petitioner had filed a complaint case stating that the opposite party had entered with an agreement with him for raising metal from the quarry owned by the petitioner and from time to time the opposite parties were paying his legal dues. However, for due discharge of their liabilities the present opposite parties have given two cheques bearing no. 700050 dated 25.12.2003 for Rs.5,00,000/- and another cheque bearing no.700051 dated 25.11.2004 for Rs.10,00,000/-. However, on 27.01.2004 when the complainant deposited these cheques for encashment, those were bounced by his banker ‘Canara Bank’ Balasore on the ground payment stopped by drawer. However, when the complainant informed the matter to the present opposite parties, they requested him to d
The court ruled that repeated presentation of dishonored cheques allows for prosecution under the Negotiable Instruments Act even after prior notices.
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....
Dishonour of cheque – Within six months cheque may be presented several times.
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.
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 failure to comply with prior notices about cheque dishonour negates the basis for subsequent complaints under Section 138, emphasizing clarity on limitation periods.
The determination of the date of receipt of notice and the commencement of the statutory period for filing a complaint under Section 138 of the NI Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
