9911796707
TMI Blog2022 (11) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... of the N.I. Act and opposite party no. 2 cannot be allowed to be remediless and the answer to this has already been given by the Hon'ble Supreme Court in YOGENDRA PRATAP SINGH VERSUS SAVITRI PANDEY ANR. [ 2014 (9) TMI 1129 - SUPREME COURT] . Petition allowed. - Cr. M. P. No. 164 of 2022 - - - Dated:- 17-10-2022 - HON BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Nilesh Kumar, Advocate For the Opposite Party-State : Mrs. Vandana Bharti, A.P.P. For the Opposite Party No.2 : Mr. R.S. Mazumdar, Sr. Advocate Mr. Gaurva, Advocate ORDER Heard Mr. Nilesh Kumar, learned counsel for the petitioner, Mrs. Vandana Bharti, learned counsel for the State and Mr. R.S. Mazumdar, learned senior counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 10 Lakh was given, the same was deposited in the bank but the same has been returned from the bank as payment was stopped by drawer i.e. on 18.03.2021, however again the same was deposited before the bank on 13.05.2021, but the same was dishonoured on 14.05.2021, notice was issued but no payment was made. It has been further alleged that in the construction site of the petitioner on the assurance of the petitioner article worth Rs. 1,55,60,912/- was supplied but the entire payment has not been paid, accordingly, the present FIR has been lodged. 10. Mr. Nilesh Kumar, learned counsel for the petitioner submits that the case is arising out of Section 138 of the N.I. Act and Section 406, 420 of the I.P.C. He submits that entire allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act that the matter is of Section 138 of the N.I. Act and opposite party no. 2 cannot be allowed to be remediless and the answer to this has already been given by the Hon'ble Supreme Court in Yogendra Singh v. Savitry Pandey; [ (2014) 10 SCC 713]. Paragraph 41 of the said judgment reads as under: 41. Section 142 of the NI Act prescribes the mode and so also the time within which a complaint for an offence under Section 138 of the NI Act can be filed. A complaint made under Section 138 by the payee or the holder in due course of the cheque has to be in writing and needs to be made within one month from the date on which the cause of action has arisen under clause (c) of the proviso to Section 138. The period of one month under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
