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( 2026:JHHC:12708 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.2974 of 2024

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Ashok Kumar Prajapati, aged about 58 years, S/o Late Bhola Nath

Prajapati, Resident of-Village-Jarba, P.O.-Jarba, P.S.-Charhi, District-

Hazaribagh, (Jharkhand).

… Petitioner

Versus

1. The State of Jharkhand

2. Jahana Khatoon, wife of Akil Akhtar, Resident of Ghato 12

Number Chowk, Ghato Tand, P.O.-Ghato Tand, P.S.-Mandu, O.P.-

West Bokaro Ghato Tand, District-Ramgarh, Jharkhand.

… Opposite Parties

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For the Petitioner : Mr. Awnish Shankar, Advocate

For the State : Mr. Praful Jojo, Addl.P.P.

For the O.P. No.2 : Mr. Vishal Kumar, Advocate

: Mr. Shubham Kumar, Advocate

: Ms. Ishani Singh, Advocate

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 528 of the BNSS, 2023 with the

prayer to quash and set aside the entire criminal proceeding including the

order dated 14.05.2025 passed by learned Judicial Magistrate-1st Class,

Ramgarh in connection with Complaint Case No.224 of 2020 whereby and

where under the learned Court below explained the substance of

accusation under Section 138 of NI Act to the petitioner.

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( 2026:JHHC:12708 )

3. The brief fact of the case is that the petitioner is the accused person

of Complaint Case No.224 of 2020. It is the admitted case of the

complainant that the cheque issued by the petitioner in favour of the

complainant upon being dishonored, the complainant issued a legal

notice to the petitioner demanding payment of the cheque amount on

19.05.2020. The said notice was received by the petitioner on 04.06.2020,

but without waiting for 15 days period from that date, the complainant

filed complaint case on 18.06.2020, hence, the learned Judicial Magistrate-

1st Class, Ramgarh on the basis of the complaint and the material available

in the record passed summoning order against the petitioner for having

committed the offence punishable under Section 138 of N.I. Act.

4. Learned counsel for the petitioner relies upon the judgment of the

Hon’ble Supreme Court of India in the case of Subodh S. Salaskar vs. Jay

Prakash M. Shah & Another reported in [2009 (1) East Cr C 233 (SC)] and

submits that therein the Hon’ble Supreme Court of India relied upon its

judgment in the case of Jindal Steel and Power Ltd. and Another vs.

Ashoka Alloy Steel Ltd. and Others reported in (2006) 9 SCC 340 and in

the facts of that case, when the notice demanding payment of the cheque

amount was served on the accused on 10.01.1997, the Hon’ble Supreme

Court of India has observed that 15 days’ time for making payment

expired on 25.01.1997, so the cause of action to file the complaint accrued

on 26.01.1997 and went on to submit that since admittedly in this case, the

notice was served upon the petitioner on 04.06.2020, the 15 days’ time for

making payment expired on 19.06.2020 and thus the cause of action to file

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( 2026:JHHC:12708 )

the complaint accrued on 20.06.2020, but the complaint having been filed

prior to that on 18.6.2020 in view of the judgment of the Hon’ble Supreme

Court of India in the case of Yogendra Pratap Singh vs. Savitri Pandey &

Another reported in (2014) 12 SCR 26, paragraph-37 of which reads as

under:-

“37. A complaint filed before the expiry of 15 days from

the date on which notice has been served on drawer/accused

cannot be said to disclose the cause of action in terms of clause (c)

of the proviso to Section 138 and upon such complaint which does

not disclose the cause of action the court is not competent to take

cognizance. A conjoint reading of Section 138, which defines as

to when and under what circumstances an offence can be said to

have been committed, with Section 142(b) of the NI Act, that

reiterates the position of the point of time when the cause of

action has arisen, leaves no manner of doubt that no offence can

be said to have been committed unless