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2018 (11) TMI 36 - HC - Indian LawsDishonor of Cheque - Section 138 of NI Act - whether the learned Magistrate can dismiss the complaint by invoking the proviso to Section 203 of Cr.P.C. at the initial stage before issuing the process? - Held that:- In the present case, on perusal of the complaint, all the three documents are annexed along with the complaint and the list of witness are also annexed including the Manager of the Central Bank and it is relevant to mention Section 142 of the Act deals with cognizance of offence. As per Section 142 of the Negotiable Instruments Act, notwithstanding anything contained in Cr.P.C., no Court shall take cognizance of any offence punishable under Section 138 except upon complaint in writing made by the payee or as the case may be, the holder in due course of the cheque; such complaint is made within one month of the date on which the cause of action arises and the offence under Section 138 shall be inquired into and tried only by a Court within whose local jurisdiction the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course as the case may be, maintains the account is situated or if the instrument is presented for payment by the payee or holder indue course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account is situated. Further, the involvement of the accused in the offence andother factual issues are trialable issue. However, this order will not stand on the way of the respondents to defend their case at the time of trial. It is for the petitioner to establish the day to day affairs of the firm and other legal ingredients for implicating the accused in the above said offence at the time of trial - revision allowed.
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