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DEEPAK GUPTA
Daljeet Singh – Appellant
Versus
Classic Finserve Pvt. Ltd. (Regd. ) Office – Respondent
JUDGMENT
Deepak Gupta, J.
This order shall dispose of two petitions titled above, as both of them have arisen out of the same transaction, in which petitioners of the two cases, who are the family members, allegedly issued cheques in favour of the same respondent-complainant, which were later on dishonored. Petitioners have sought quashing of the complaints as well as the summoning order.
2.1 Perusal of the paper book reveals that complaint No.COMA/7777 of 2019, titled M/s Classic Finserve Pvt. Ltd. v. Daljeet Singh; and complaint No.COMA/7773/2019 titled M/s Classic Finserve Pvt. Ltd. v. Kamaljit Kaur, (Annexure P.2 in both the petitions), were filed by the respondent seeking prosecution of the petitioners under Section 138 of the Negotiable Instruments Act.
2.2 It was alleged that the two petitioners Daljeet Singh and Kamaljit Kaur along with other family members were running the firms titled M/s Kamal Food Products and Amrit Foods Products, which were having professional relations with the complainant- Company. Two of the family members, namely, Hardeep Singh and Smt. Satvir Kaur agreed to sell two of their family properties in favour of the complainant. When the documents were h
The court affirmed that complaints under Section 138 of the NI Act were filed within the limitation period, allowing for a second legal notice to rectify technical defects without prejudice to the ac....
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 judgment highlights the significance of a valid notice as the foundation of a case under Section 138 of the N.I. Act and the necessity to comply with the statutory requirements for the notice to ....
The main legal point established in the judgment is that the failure of settlement agreements to fructify can lead to the debt becoming legally enforceable under Section 138 of the N.I. 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 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.
A complaint under Section 138 of the Negotiable Instruments Act, 1881 must be made within one month of the date on which the cause of action arises. The court does not have jurisdiction to take cogni....
The main legal point established in the judgment is the interpretation of the requirement of issuing legal demand notices within 30 days of receiving information about the dishonor of the cheques, as....
The legal point established is that the liability under Section 138 of the NI Act arises only when the drawer receives a notice and fails to make the payment within the time provided by the Statute.
The Court emphasized the need for disputed questions of facts to be resolved through trial and due adjudication by the Trial Court, and not by the High Court at the stage of summoning order.
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