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Indian Laws - Highlights / Catch Notes

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Dishonor of cheque due to insufficient funds, the legal ...


Cheque dishonor case: Timely notice & complaint filing within limitation period upheld.

Case Laws     Indian Laws

November 7, 2024

Dishonor of cheque due to insufficient funds, the legal requirements for issuing notice and filing a complaint within the prescribed time limit, and the court's analysis of whether the complaint was filed within the limitation period. It discusses the applicability of Section 4 of the Limitation Act when the limitation period expires on a court holiday. The court found that the Magistrate and Additional Sessions Judge did not err in issuing the summoning order against the petitioner, as the complainant provided pre-summoning evidence through an affidavit as per Section 145. The High Court dismissed the petition, holding that the lower courts did not commit any illegality warranting interference u/s 482 of the Code of Criminal Procedure.

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