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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
BRIJ RAJ SINGH
Ankur Asthana – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Deptt. – Respondent
JUDGMENT :
BRIJ RAJ SINGH, J.
1. Since the common question of facts and law are involved in both the applications, therefore, with the consent of the parties, they are being heard and decided by a common judgement.
2. In APPLICATION U/s 482 No. 692 of 2023, the applicant has sought following main relief(s) :-
“to quash the orders dated 04.01.2023 and 17.08.2022 passed by learned Additional Civil Judge Junior Division C-No.26/ Additional Judicial Magistrate - Sultanpur, in the interest of justice and the Hon'ble Court further be pleased to restrain the lower Court 23 below from proceeding any further in pursuance of aforesaid Criminal Case No. 13 of 2022, Under Section 138 N.I. Act, Police Station-Kotwali Nagar, District-Sultanpur and also quash the entire proceeding of the above said case, in the interest of justice.”
3. In APPLICATION U/s 482 No. 1829 of 2022, the applicant has sought following main relief(s) :-
“to quash the order dated 09.02.2022 in Criminal Case No. 390/2022 "M/s Kashish Enterprises Vs. Ankur Asthana" Under Section-138 N.I. Act, Police Station- Kotwali Nagar, District Sultanpur passed by the learned Court below i.e. Additional Civil Judge (Lower Division) Avar Khand/
A complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the statutory notice period, which affects the cause of action.
A complaint under Section 138 of the Negotiable Instruments Act, filed before the statutory period of notice has expired, is not maintainable, but a fresh complaint can be filed within one month if t....
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before t....
The necessity of the drawer failing to make the payment within 15 days of the receipt of the notice for a case to be filed under section 138 of N.I. Act, and the requirement of following statutory pr....
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 requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
A complaint under Section 138 filed before the expiry of 15 days is invalid; the complainant may file a fresh complaint within one month from the decision.
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