9911796707
TMI Blog1993 (7) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... gth of some cheques said to have been issued by the petitioner-firm, two complaints have been filed against the managing partner of the firm for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act ). The first complaint was filed on November 23, 1991, and the other was filed on June 28, 1991. The managing partner of the firm, after entering appearance, raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es it clear that the prosecution proceedings contemplated therein are either untrammelled or unaided by anything contained in the Code, contended counsel. The second contention is that the court is debarred from taking cognizance of the offence against the firm after the expiry of the period of one month from the date of cause of action envisaged in Clause (c) of Section 138 of the Act, and hence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw, other than the Indian Penal Code, 1860, shall also be enquired into or tried and otherwise dealt with according to the provisions of the Code, subject to any other enactment which requires a different mode of trial for such offence. The non-obstante clause in Section 142 of the Act is intended to make it clear that the three matters specified in the section have overriding effect on the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he prohibition in Section 142 stretches only to the taking of cognizance of any offence. It is now well-settled that a court takes cognizance only of the offence and not of any offender; It was pointed out by the Supreme Court in Raghubans Dubey v. State of Bihar, AIR 1967 SC 1167, 1169, that once cognizance has been taken by the Magistrate. ... it is his duty to find out who the offenders really ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence for which such person could be tried together with the accused already arraigned in the case. Once the court decides to proceed against such other person then Sub-section (4) will save the earlier act of taking cognizance of the offence. Sub-section (4) says that the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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