SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(MP) 628

S.K.PALO
Bhupendra Singh – Appellant
Versus
Saket Kumar – Respondent


Advocates:
L. L. Goswami for petitioner; Kuldeep Singh, Panel Lawyer for respondent.

ORDER

1. Aggrieved by order dated 22.12.2014 passed in unregistered criminal complaint case (Bhupendra Singh v. Saket Kumar) under section 138 of Negotiable Instruments Act by learned JMFC, Vidisha, the complainant has preferred this revision under sections 397 and 401 read with section 482 of CrPC for setting aside the impugned order and to restore the criminal complaint case.

2. The factual matrix of the case is that the complainant/petitioner filed a complaint case under section 138 of Negotiable Instruments Act claiming dishonour of cheque issued by the respondent on 15.1.2008. The complaint case was pending since 7.3.2008. Despite orders, the complainant failed to pay process fee for summoning the accused/respondent since 30.12.2013. On 22.12.2014, the complainant/petitioner filed an application for issuing perpetual warrant against the accused/respondent. By the impugned order held that the criminal case is pending for more than 5 years and since 30.12.2013, the petitioner/complainant despite orders, did not pay the process fee nor he paid the process earlier and has filed an application for perpetual warrant, exercising the powers under section 204(4) CrPC, the learned JMFC di















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top