Sunita Agarwal vs State of U. P. - 2023 Supreme(All) 2624

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2624

SAUMITRA DAYAL SINGH
Sunita Agarwal – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Ashish Kumar Singh.
For the Opposite Party : G.A.

JUDGMENT

Saumitra Dayal Singh, J.

Heard Shri Ashish Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

2. Challenge has been raised to the order dated 13.12.2021 passed by the Civil Judge (Junior Division), Fast Track Court, Judicial Magistrate, Ghaziabad in Complaint Case No. 1690 of 2021 (Ashwani Bhatnagar v. Sunita Agarwal), filed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act'). Undisputedly, the above criminal complaint was filed with delay. The cheque in question was dishonoured on 13.06.2018. It was returned with the dishonour memo on 28.06.2018. Legal notice was first issued to the Opposite party no. 2 on 26.07.2018 where after criminal complaint was lodged on 27.10.2018. As to the delay in lodging the complaint, the learned court below has condoned the delay and thereafter taken cognizance on the complaint and summoned the present applicant.

3. In such fact, a preliminary objection has been raised to the cognizance taken. According to the learned counsel for the applicant, notice ought to have been served on the applicant to allow him to object to the delay before the same may have condoned and