KAMLESH KUMAR versus STATE OF BIHAR & ANR.

KAMLESH KUMAR versus STATE OF BIHAR & ANR.

Since complainant admitted to knowledge of dishonour on 10.11.2008, notice issued on 17.12.2008 was beyond 30 days, thus complaint under Section 138, N.I. Act not maintainable as three statutory conditions were not satisfied.

Parties
Appellant: Kamlesh Kumar; Respondent: State of Bihar; Respondent: Respondent No. 2 (complainant)
Jurisdiction
India
Judgment Date
11 December 2013
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal of Petition Under Section 482 Cr.p.c.
Outcome
Appeal allowed
Legal Topics
Negotiable Instruments, Dishonour of Cheque, Limitation for Legal Notice Under S.138
Criminal Law Negotiable Instruments Dishonour of Cheque Limitation for Legal Notice Under S.138

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Parties

Kamlesh Kumar

Appellant

State of Bihar

Respondent

Respondent No. 2 (complainant)

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Dismissal of Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether complaint under Section 138 of Negotiable Instruments Act is maintainable when legal notice was not issued within prescribed period upon second dishonour of cheque

Ratio Decidendi

Since complainant admitted to knowledge of dishonour on 10.11.2008, notice issued on 17.12.2008 was beyond 30 days, thus complaint under Section 138, N.I. Act not maintainable as three statutory conditions were not satisfied.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Petition under Section 482, Cr.P.C. allowed