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DEEPAK KUMAR AGARWAL
Manoj Morya – Appellant
Versus
Anita Minj – Respondent
ORDER
1. This appeal has been filed by the appellant/complainant under Section 378 of Cr.P.C. against the judgment dated 24.12.2021 passed by the JMFC, Gwalior, in Criminal Case No.1108/2012 whereby respondent has been acquitted of the offence under Section 138 of the Negotiable Instruments Act.
2. In brief facts of the case are that respondent was in need of money for purchasing the house, therefore, he borrowed a sum of Rs.7,00,000/- on 18.9,2008 and thereafter on various dates a sum of Rs.4,50,000/-, thus, he borrowed a total sum of Rs.11,50,000/- with the assurance that he will refund the aforesaid amount very soon. But when the respondent did not refund the amount even after expiry of period as assured by him, appellant demanded the amount, then cheque No.577406 dated 24.5.2011 of State Bank of India Branch Malroad Morar worth Rs.11,50,000/- was given by the respondent. The said cheque was dishonoured on its presentation on 25.5.2011 with the note that cheque could not be encashed due to insufficient fund. Thereafter on 23.6.2011 he sent a registered notice to the respondent. Even after receipt of the notice, respondent did not pay the amount. Therefore, he filed a complaint und
The central legal point established in the judgment is that a complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the prescribed 15-day per....
A complaint under Section 138 of the N.I. Act is invalid if filed before the 15-day period from the receipt of the notice has expired.
Proper service of notice and adherence to limitation periods are crucial in dishonor of cheque cases under the Negotiable Instruments Act.
The cause of action for filing a complaint case under Section 138 of the Negotiable Instruments Act could not arise prior to expiry of 15 days from the date of service of legal notice on the accused.
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 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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