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2021 (12) TMI 277 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - expiry of statutory period - acquittal of the accused mainly on the grounds that cognizance of the offence under Section 138 NI Act was taken before expiry of the statutory period of 15 days commencing from the date of receipt of the demand notice - condonation of delay in terms of the proviso to clause (b) of sub-section (1) of Section 142 NI Act - HELD THAT:- In the case of YOGENDRA PRATAP SINGH VERSUS SAVITRI PANDEY & ANR. [2014 (9) TMI 1129 - SUPREME COURT], appellant filed a complaint under Section 138 NI Act against respondent No. 01 before expiry of the statutory period of 15 days and the Magistrate took cognizance of offence and issued summons to the accused who assailed the order in a petition under Section 482 CrPC before the High Court. The High Court held that since the complaint was filed within 15 days of the service of the demand notice, the same was premature and the order passed by the Magistrate taking cognizance was quashed against which the appellant came to the Hon'ble Supreme Court. In the present case, for same cause of action complainant private respondent filed a complainant under Section 138 NI Act in the court of the CJM, South Tripura, Belonia which was registered as CR(NI)23 of 2013 in which evidence was taken and learned CJM by his judgment and order dated 11.04.2016 found the petitioner not guilty and acquitted him of the said charge on various grounds - It is thus clear that accused was once tried in NI 23 of 2013 for the same cause of action in which evidence was taken and after full trial he was acquitted because the complainant could not establish the charge against him. Order of his acquittal still remains in force. In these circumstances, learned trial court committed error by entertaining a fresh complainant for the same cause of action between the same parties. The Criminal Revision Petition stands allowed.
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