9911796707
TMI Blog2024 (5) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... Court has categorically observed that in case of a premature complaint in a case involving the offence punishable under section 138 of the Negotiable Instruments Act, 1881 in case of a premature complaint, complainant was given the liberty to file a fresh complaint. In the case of Gajanad Burange vs. Laxmi Chand Goyal, the Hon ble Supreme Court of India even gave liberty to the complainant to approach the court concerned to condone the delay in filing the fresh complaint, as per the proviso of section 142 of the Negotiable Instruments Act, 1881. It is a settled principle of law that the offence punishable under section 138 of the Negotiable Instruments Act, 1881 stands on a different footing from other penal offences. There is no specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicial Magistrate, Seraikella has taken cognizance of the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and the said case is now pending before the learned Chief Judicial Magistrate, Seraikella. 3. The case of the complainant in brief is that the petitioner issued a cheque of Rs.1,26,500/- to the complainant. The same was presented by the complainant in bank on 01.05.2021 and on 24.05.2021 but the cheque stood dishonoured on the ground that the account was blocked. A notice for demanding payment of the cheque amount was sent to the petitioner on 04.06.2021 but the notice was returned back to the complainant. The complainant filed the said complaint case and considering the materials available in the record, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Antony vs. State of Kerela Others reported in (2001) 6 SCC 181 wherein in paragraph-27 it has been observed by the Hon ble Supreme Court of India that in case of fresh investigation based on the second or successive FIRs, not being a counter-case, filed in connection with the same or connected cognizable offence alleged to have been committed in the course of the same transaction and in respect of which pursuant to the first FIR either investigation is under way or Final Report under Section 173 (2) of Cr.P.C. has been forwarded to the Magistrate, may be a fit case for exercise of the power under Section 482 of the Cr.P.C. or under Articles 226/227 of the Constitution of India and submits that in this case also the learned Magistrate, foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hief Judicial Magistrate, Seraikella- Kharsawan in Complaint Case No.568 of 2021, merely because the Complaint Case No.451 of 2021 was also filed by the complainant which has been dismissed being premature, is not a ground to quash the entire criminal proceedings of Complaint Case No.568 of 2021. It is next submitted that the undisputed fact remains that the petitioner issued a cheque of Rs.1,26,500/- to the complainant and the same was dishonoured and after notice of demand for payment of the said amount was issued by the petitioner the same has not been paid by the petitioner to the complainant within the time stipulated, hence, it is submitted that this Cr.M.P., being without any merit, be dismissed. 7. Having heard the rival submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... calculating the date of filing the complaint. 9. The question arises for consideration as to whether filing of a premature complaint debars, filing of a fresh complaint when the time becomes ripe to file the complaint? 10. The answer to the question is no more res integra as the Hon ble Supreme Court of India in the case of Yogendra Pratap Singh v. Savitri Pandey reported in (2014) 10 SCC 713 which was also relied upon by the Hon ble Supreme Court of India in the case of Gajanad Burange vs. Laxmi Chand Goyal reported in 2022 SCC OnLine SC 1711 wherein the Hon ble Supreme Court has categorically observed that in case of a premature complaint in a case involving the offence punishable under section 138 of the Negotiable Instruments Act, 1881 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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