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HC dismissed the application challenging cognizance for offences u/ss 420, 467, 468, 471 and 120-B of IPC in a cheque dishonor case. It held the presumption u/s 139 of Negotiable Instruments Act was rightly applied. Malafides of complainant are immaterial if allegations make out a cognizable offence. Mere delay in filing complaint cannot quash proceedings unless barred u/s 468 CrPC. The contentions regarding Section 139 NI Act, malafides, and delay were rejected.
HC dismissed the application challenging cognizance for offences u/ss 420, 467, 468, 471 and 120-B of IPC in a cheque dishonor case. It held the presumption u/s 139 of Negotiable Instruments Act was rightly applied. Malafides of complainant are immaterial if allegations make out a cognizable offence. Mere delay in filing complaint cannot quash proceedings unless barred u/s 468 CrPC. The contentions regarding Section 139 NI Act, malafides, and delay were rejected.
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