क्या चेक बाउंस केस में समय निकल जाने के बाद केस कर सकते है || Supreme Court Judgement on Sec 138 NI Act
| Diary Number | 27023-2018 | Judgment |
| Case Number | Crl.A. No.-000868-000868 – 2019 | 08-05-2019 |
| Petitioner Name | BIRENDRA PRASAD SAH | |
| Respondent Name | THE STATE OF BIHAR | |
| Petitioner’s Advocate | SHANTANU SAGAR | |
| Respondent’s Advocate | ||
| Bench | HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MR. JUSTICE HEMANT GUPTA | |
| Judgmhhent By | HON’BLE DR. JUSTICE D.Y. CHANDRACHUD | |
Judgement Detail On Sec 138 NI Act
Section 138 NI Act: The delay in the complaint can be waived if the complainant gives it a sufficient reason: the Supreme Court
The Supreme Court has said that the complaint filed under Section 138 of the Negotiable Instrument Act can be taken even after the due date of the court, if the complainant satisfies the court that he has no complaint at such time. There is sufficient reason to do it.
JUdge DY Chandrachud
Judge D.Y., on the petition filed against Patna HC’s decision. The bench of Chandrachud and Justice Hemant Gupta gave this ruling on an appeal against the decision of the Patna High Court, in which a summon issued by the Chief Judicial Magistrate in the check bounce complaint was dismissed.
What is this whole case? The complainant issued a legal notice on 31.12.2015 after the disrespect of the check in Birendra Prasad Sah Va Bihar State of Bihar. When the accused failed to answer, another notice was issued by the complainant on 26.02.2016. During this, the accused denied his obligation and replied to the second notice.
This complaint was registered on 11.05.2016. The delay in filing a complaint was waived by CJM in view of this request made by the complainant that during the intervening period he got sick. But the Patna High Court had primarily canceled the summon on the basis that it was not acceptable for the payee to make another cause for action in connection with the check.
It was also seen that the complainant failed to file a complaint within the legal period of 30 days of issuance of first notice as there is a provision in the NI Act. However, it was argued before the bench of the Supreme Court that in the case of the MSR Lehthers versus S Palanappan case, it was argued that in the case of MSR Lehthers vs S. Palanappan, the three Judge Bench of the Court has considered that under the provisions of section 138, Issue of notice is acceptable but the bench did not consider this issue. Instead, the bench said that due to delay in making the complaint, the complainant was shown sufficient reason as the first legal notice was issued on 31 December 2015.
The bench, while canceling the order of the High Court on this ground, said: “The complaint was started on May 11, 2016. Under section 142 (1), a complaint is to be established within 1 month of the date on which action The reason for this has arisen under section (c) of section 138. However, it proves that the cognizance of the complaint can be taken after the due date of the court, if the complainant tells the court that the saint It affirms that he has sufficient reason for not making a complaint within such period.
The appellant has indicated to the court sufficient and adequate reasons not to be able to register the complaint within the prescribed period. CJM waived the delay And due to the reason behind it, the appellant was shown for the period starting on April 6, 2018. However, if the complaint is given in paragraphs 7 and 8 of A Are read together, it is clear that the appellant had indicated sufficient reason to apologize for the delay in the complaint. Patna High Court will only then it is sent if the first notice that is estimated to be him.
Even if that estimate is applicable, we believe that due to delayed complaint, due to delay, the due diligence was shown by the appellant, in which the first legal notice was issued on December 31, 2015.
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