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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.
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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