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2019 (11) TMI 166 - HC - Indian LawsSummon of order - section 138 read with section 142 of the Negotiable Instrument Act - cognizable offences or not - HELD THAT:- Fact remains that the case in hand is not a warrants case, therefore, Section 468 (2)(C) under which cognizance should be taken within the time mentioned therein based upon the offences committed by the accused. In view of Indra Kumar Patodia And Another [ 2012 (12) TMI 154 - SUPREME COURT ], the limitation provided under Section 468 is not applicable. Moreover, the cognizance of the complaint was taken by the concerned CMM, who thereafter marked the case to the concerned Trial Court. The Trial Court after going through the contents of the complaint and evidence on record, issued summons. However, nowhere it is provided in Section 138 & 142 of N.I. Act that the summons shall be issued within the prescribed time. There is no merits in the petition - petition dismissed.
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