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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Satyabadi Sahu – Appellant
Versus
Santosh Kumar Muni – Respondent
| Table of Content |
|---|
| 1. challenge to cognizance under ni act. (Para 1 , 2 , 3 , 4) |
| 2. arguments for setting aside cognizance. (Para 5 , 6 , 8 , 9) |
| 3. importance of inquiry under section 202. (Para 10 , 11 , 12) |
| 4. essentials for liability under section 138 ni act. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. court's directive on further inquiry. (Para 19 , 20 , 21 , 22 , 23) |
| 6. final order disposition. (Para 24) |
JUDGMENT :
Savitri Ratho, J.
This application under Section 482 of the Code of Criminal Procedure has been filed challenging the order dated 01.07.2023 passed by the learned Sub Divisional Judicial Magistrate (in short “SDJM”), Berhampur in 1.C.C. No. 219 of 2023, taking cognizance of the offence under Section 138 of the Negotiable Instruments Act (in short “NI Act”) and the criminal proceeding i.e. pending against the petitioners. The relevant portion of the prayer is extracted below :-
“It is therefore prayed that in view of the submissions made above, the CRLMC be admitted, records be called for and after hearing the parties the same be allowed and the order of cognizance dt. 01.07.2023 passed in l.C.C. case No. 219 of 2023 and the entire criminal proceeding i.e. l.C.C. case No. 219 of 202
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
The court established that the issuance of a cheque, even if post-dated or issued as security, can constitute a legally enforceable debt under Sec. 138 of the N.I. Act, and that the inquiry under Sec....
(1) Dishonour of cheque – A post-dated cheque issued after debt has been incurred would be covered by definition of ‘debt’ – However, if sum payable depends on a contingent event, then it takes colou....
Payment of a part or whole of the sum represented on a cheque between the period when the cheque is drawn and when it is encashed upon maturity reduces the legally enforceable debt on the date of mat....
Point of Law : Postponement of issue of process - The dictum is when Magistrate holds inquiry himself, it is not compulsory that he should examine The witnesses and in suitable cases Magistrate can e....
The legal provisions of the NI Act create a deeming offence for dishonour of cheques and establish a presumption of debt or liability upon the holder of the cheque, with a reverse onus cast on the ac....
The court emphasized the limited scope of inquiry at the stage of issuance of summons under Section 138 of the NI Act and the applicability of the rebuttable presumption under Section 139 of the NI A....
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 ....
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