SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(P&H) 1122

HARKESH MANUJA
Nitin Mahajan – Appellant
Versus
Vinod Kumar – Respondent


Advocates appeared:
Mr. Arun Singla, Advocate for the petitioner.
Mr. DPS Joura, Advocate for the respondent.

HARKESH MANUJA, J.

1. By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of proceedings arising out of Complaint bearing NACT No.540, dated 21.12.2018, under Section 138 of the Negotiable Instruments Act (NI Act), filed by the Respondent along with summoning order dated 21.02.2019 passed by Ld. JMIC-cum-CJ(JD), Hansi against the petitioner with all subsequent proceedings arising therefrom.

2. Point of contention in the present case is very short and learned counsel for the petitioner submits that proceedings are vitiated from the very beginning on account of the fact that a bare perusal of the original Complaint (Annexure P-4) reveals that the Complainant has himself admitted the cheque in question was issued on 18.05.2018, which was ultimately dishonoured by Banker of the accused on 08.11.2018. He further submits that though the complainant has very conveniently avoided mentioning the date on which such cheque was presented for encashment, but it was apparent that the cheque had already become invalid upon expiry of three months of its issuance i.e. on 17.08.2018, especially, in view of the RBI Notification No.RBI/2011-12/251 DBOD.AML BC.No

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    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

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top