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T. AMARNATH GOUD
Rakhal Mallik – Appellant
Versus
Umesh Majumder – Respondent
| Table of Content |
|---|
| 1. conviction based on dishonoured cheque. (Para 2 , 3 , 4 , 5 , 6) |
| 2. appellate court findings on evidence. (Para 7 , 8) |
| 3. arguments on complaint legitimacy and limitation. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. evaluation of evidence by the trial court. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. dispute over computation of limitation period. (Para 27 , 28 , 31) |
| 6. affirmation of legality and final dismissal. (Para 33 , 34 , 36 , 37) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. P.K. Pal, learned counsel appearing for the petitioner. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. B. Debnath, learned counsel appearing for the respondent No. 1 and Mr. S. Debnath, learned Additional Public Prosecutor, appearing for the respondent-State.
2. By means of filing this revision petition under Section-401 read with Section-397 and 482 of the Code of Criminal Procedure, 1973 for setting aside the judgment dated 01.03.2021 passed by the learned Sessions Judge, South Tripura, Belonia in Criminal Appeal No. 15 of 2019 upholding the judgment and order dated 18.06.2019 in N.I. 13 of 2016 passed by the learned Chief Judicial Magistrate, South Tripura, Belonia
The court confirmed that a dishonoured cheque can lead to criminal liability under Section 138, provided all statutory requirements, including timely filing of the complaint, are met.
The main legal point established in the judgment is the interpretation of the statutory provisions in Sections 138 and 142 of the Negotiable Instruments Act regarding the period of limitation for fil....
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 court established that the date of receipt of the dishonor memo is excluded in calculating the notice period under Section 138 of the Negotiable Instruments Act.
The court established that in computing time limits under Section 138 of the NI Act, the first day is excluded and the last day is included.
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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