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        Indian Laws

        Dishonour of Cheque - whether filing of a premature complaint...

        Premature Complaint Doesn't Bar Subsequent Filing for Cheque Dishonor Under Negotiable Instruments Act.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Dishonour of Cheque - whether filing of a premature complaint debars, filing of a fresh complaint when the time becomes ripe to file the complaint? - The High Court, referring the decision of supreme court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 stands on a different footing compared to other penal offences, and filing a second complaint is not barred if the first was filed prematurely. The court found no merit in the petitioner's arguments for quashing the criminal proceedings in Complaint Case No.568 of 2021. It upheld the validity of the learned Chief Judicial Magistrate's decision to take cognizance of the offence.
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