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ANISH KUMAR GUPTA
Dinesh Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Man Mohan Singh, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Complaint Case No. 1397 of 2021 (Rajveer Singh vs. Dinesh Kumar) under Section 138 of Negotiable Instruments Act, 1881, Police Station-Jaithra, District-Etah as well as order dated 16.08.2022.
3. Learned counsel for the applicant relying upon the judgement of the Coordinate Bench of this Court in the case of Mamta Gautam vs. State of Uttar Pradesh passed in Criminal Revision No. 530 of 1998 dated 2.5.2000 has vehemently submitted that the instant complaint case filed by the opposite party no. 2 is time barred as the legal demand notice was sent on 18.2.2021 which was served on 19.2.2021 on the applicant, therefore the complaint ought to have been filed within one month from the date of service of notice. However, in the instant case the complaint was filed on 2.4.2021 which is beyond the period of one month from the date of service of notice, therefore, learned counsel for the applicant seeks quashing of the enti
The cause of action for filing a complaint under Section 138 arises after 15 days from the service of the demand notice, not from the notice itself.
The main legal principle established is that a complaint filed under Section 138 of the Negotiable Instruments Act before the expiry of 15 days from the date of receipt of notice is not maintainable,....
Dishonour of cheque – Complaint is not maintainable before expiry of period of fifteen days from date of receipt of notice by drawer of cheque – Remedy is to file fresh complaint.
Complaint under Section 138 of the Negotiable Instruments Act is invalid if filed before the mandatory 15-day period post-notice. The court cannot take cognizance until that period has elapsed.
The correct computation of the statutory period for filing a complaint in cases of dishonoured cheques is essential for the court's decision.
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.
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