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ARVIND SINGH SANGWAN
Kulwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Arvind Singh Sangwan, J. (Oral) - This common order shall dispose of above mentioned four petitions as they are similar in nature.
2. Prayer in these petitions is for quashing of orders dated 04.12.2015, passed by the trial Court separately in four complaints*, vide which the applications filed by the petitioner/complainant for revival of the said complaints, under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act'), have been dismissed.
3. Brief facts of the case are that the petitioner/complainant has filed aforesaid four complaints under Section 138 of the N. I. Act read with Section 420 IPC against respondent No.2/accused on account of dishonouring of some cheques drawn on ICICI Bank, Connaught Place Branch, New Delhi.
4. It is further submitted that after the preliminary evidence was recorded, the trial Court issue process against respondent No. 2/accused, vide orders dated 28.07.2014, however, the accused did not put in appearance before the Court.
5. Learned counsel for the petitioner further submits that in the meantime, in the judgment rendered in Dashrath Rupsingh Rathod vs. State of Maharashtra and another, 2014 (3) SCC (Criminal) 673, Hon'ble
The amendments made in the N.I. Act and judicial precedents can influence the jurisdiction of the court to entertain and decide cases under Section 138 of the N.I. Act.
The retrospective nature of the provisions of Section 142A of the NI Act and the acceptance of delay in filing restoration applications.
Jurisdiction for offenses under Section 138 of the NI Act is determined by where the cheque is presented for payment, as per Section 142(2).
The central legal point established in the judgment is the requirement for the complainant to follow the prescribed procedure, including filing a fresh complaint and seeking condonation of delay if n....
The statutory presumption under Section 139 of the N.I. Act must be rebutted by the accused to avoid liability under Section 138.
The main legal point established in the judgment is the clarification of territorial jurisdiction for trying an offence under Section 138 of the Negotiable Instruments Act, 1881, as per the amendment....
The court emphasized that no useful purpose would be served in keeping alive a complaint, which is otherwise not maintainable.
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