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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Kunwar Pal – Appellant
Versus
Satish – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
The present revision petition has been filed against the judgment dated 09.09.2011, passed by the learned Judicial Magistrate First Class, Gurugram in complaint bearing No. 110 of 2006, titled as Kunwar Pal vs. Satish and another, filed under Sections 138 and 141 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act'), whereby respondent No. 1 and respondent No.2-firm were acquitted of the charges framed against them under the aforesaid sections; as well as for setting aside the judgment dated 08.10.2012, whereby the appeal filed by the petitioner/complainant had been dismissed by the lower appellate Court.
2. Adumbrated facts as emanating from the record and relevant for the purpose of disposal of this petition are that respondent No. 1/accused, who was proprietor of respondent No. 2-firm, availed loan to the tune of Rs. 5 Lakhs from the petitioner/complainant for a period of one month with a promise to repay the same along with interest. He had issued a cheque bearing number 140558 dated 23.09.2005 in favour of the petitioner to discharge his legally enforceable liability. This cheque was presented with the banker of the petitioner and was
The court ruled that repeated presentation of dishonored cheques allows for prosecution under the Negotiable Instruments Act even after prior notices.
Dishonour of cheque – Within six months cheque may be presented several times.
Admission of cheque issuance raises presumption of liability under NI Act Ss.118/139; rebuttal requires evidence beyond CrPC 313 denial. Revisional jurisdiction limited to patent errors, not evidence....
A criminal complaint based on a subsequent or successive statutory notice filed under Section 138 of the N.I. Act is maintainable.
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.
The main legal point established in the judgment is the importance of complying with statutory requirements, including the issuance of notice within the limitation period for the first presentation o....
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