Sikkim High Court
CRL.L.P/3/2022 of JAGAT SINGH SINGHI Vs RADHAY SHYAM SWAMI on 12 August 2022
COURT OF SIKKIM Record of proceedings CRL. L.P. No.03 of 2022 JAGAT SINGH SINGHI ……. PETITIONER VERSUS RADHAY SHYAM SWAMI ……. RESPONDENT Date: 12.08.2022 CORAM : HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J. For Petitioner For Respondent : : :: Mr. Simeon Subba,
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CRL. L.P. No.03 of 2022
……. PETITIONER
JAGAT SINGH SINGHI
VERSUS
……. RESPONDENT
RADHAY SHYAM SWAMI
Date: 12.08.2022
CORAM :
M
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Heard Mr. Simeon Subba, learned counsel for the petitioner. The learned Judicial Magistrate by the impugned judgment dated 30.11.2021, inter alia, has come to the conclusion that though the complainant has proved that the accused had issued cheque in discharge of debt/liability, that the cheque had been dishonoured due to insufficient funds and that the accused failed to pay the amount to the complainant within 15 days from the receipt of legal notice to pay the cheque amount, however, the complaint having been filed 8 days after the statutory period of one month limitation period has expired. That the cause of action arose on receipt of the first legal notice and the petitioner failed to comply with the statutory requirements under 142 (b) of the Negotiable Instrument Act 1881. Consequently, the respondent has been acquitted for the offence under section 138 of the Negotiable Instruments Act 1881. On consideration of the issues raised before this court by the petitioner it is felt necessary to examine it further. Accordingly, leave is granted to the petitioner.
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