BIRENDRA PRASAD SAH versus THE STATE OF BIHAR & ANR.

BIRENDRA PRASAD SAH versus THE STATE OF BIHAR & ANR.

Sufficient cause for delay in filing the complaint was shown in the complaint; CJM properly condoned the delay. The statutory requirement for issuance of notice within thirty days under s.138 proviso (b) is fulfilled. Even if presumptive service applies, appellant demonstrated adequate reasons for condonation. The High Court's quashing order is unsustainable; complaint stands restored to trial court.

Parties
Appellant: Birendra Prasad Sah; Respondents: The State of Bihar & Anr.
Jurisdiction
India
Judgment Date
08 May 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Quashing Complaint Under S.138 NI Act
Outcome
Appeal allowed
Legal Topics
Negotiable Instruments Act, Dishonour of Cheques, Condonation of Delay
Criminal Law Banking Law Negotiable Instruments Act Dishonour of Cheques Condonation of Delay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Birendra Prasad Sah

Appellant

The State of Bihar & Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Quashing Complaint Under S.138 NI Act

Legal Issues

  1. 1 Whether complaint under s.138 NI Act can be restored after delay if sufficient cause is shown
  2. 2 Whether issuance of successive notices fulfils statutory requirements under s.138 proviso (b)
  3. 3 Whether delay in instituting complaint can be condoned under s.142(1) NI Act

Ratio Decidendi

Sufficient cause for delay in filing the complaint was shown in the complaint; CJM properly condoned the delay. The statutory requirement for issuance of notice within thirty days under s.138 proviso (b) is fulfilled. Even if presumptive service applies, appellant demonstrated adequate reasons for condonation. The High Court's quashing order is unsustainable; complaint stands restored to trial court.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court is set aside
  • Complaint restored to file of trial court