Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2024 (5) TMI HC This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2024 (5) TMI 772 - HC - Indian Laws


Issues:
The issues involved in the judgment are the quashing of a Complaint Case and criminal proceedings u/s 138 of the Negotiable Instrument Act, 1881 based on a petition filed u/s 482 of the Code of Criminal Procedure.

Summary:

Issue 1: Quashing of Complaint Case and Criminal Proceedings:
The petitioner filed a Criminal Miscellaneous Petition seeking to quash Complaint Case No.568 of 2021, which involves an offence u/s 138 of the Negotiable Instrument Act, 1881. The petitioner's defense included the claim that the cheque was issued under duress and that the amount had already been paid. However, the Court held that these disputed defenses are not grounds to quash the proceedings. The Court also considered the premature filing of a previous complaint (Case No.451 of 2021) by the complainant. The Court noted that for offences u/s 138, the law stands differently, and the premature filing did not prohibit a fresh complaint when the time was appropriate. It was emphasized that the offense u/s 138 stands on a different footing, allowing for the filing of a second complaint upon dishonor of the cheque. The Court found no illegality in the actions of the Chief Judicial Magistrate and dismissed the petition, stating that filing a premature complaint does not debar the filing of a fresh complaint when the time is right.

Decision:
The Court dismissed the Criminal Miscellaneous Petition, finding no merit in the petitioner's arguments and upholding the continuation of Complaint Case No.568 of 2021 involving an offence u/s 138 of the Negotiable Instrument Act, 1881.

 

 

 

 

Quick Updates:Latest Updates