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PANKAJ JAIN
Park Polymers – Appellant
Versus
Subir Dass – Respondent
JUDGMENT
Pankaj Jain, J. (Oral) - The complainant has preferred the present petition under Section 482 Cr.P.C. seeking quashing of the Order dated 1st of August, 2012 (Annexure P-2) passed by Judicial Magistrate 1st Class, Gurgaon, whereby complaint filed at his behest under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') stands dismissed and the order dated 28th of September, 2012 passed by the Sessions Judge, Gurgaon whereby aforesaid order Annexure P-2 stands affirmed in revision.
2. This is a bunch of nine petitions. All these petitions are being disposed off by a common order as they involve same questions of law in the backdrop of similar facts and are directed against the same set of respondents. So much so the orders impugned in the petitions read the same. Facts are being culled out from CRM-M-14055- 2013.
3. In these matters notice of motion was issued on 9th of July, 2013. After service of notice on the respondents following order was passed on 4th of November, 2014 :-
'It is reported by the office that notice issued to the respondents have bee
The explanation given in the complaint itself constituted sufficient cause for condoning the delay in instituting the complaint, and the complaint was not barred by time.
The main legal point established in the judgment is that the explanation given in the complaint itself can constitute sufficient cause for condoning the delay in instituting a complaint under Section....
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.
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....
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.
Validity of the legal notice and compliance with statutory time period for the complaint to be valid.
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....
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