Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (10) TMI 904 - HC - Indian LawsDishonor of Cheque - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - restoration of the complaint which was returned to the complainant - HELD THAT:- It is not in dispute that the present respondent had instituted a criminal case against the present petitioners in the trial Court for the offence under Section 138 of the NI Act. Though the learned counsel for the petitioners contends that, after return of the complaint, the complainant did not present the same before the jurisdictional Court, but the same is proved to be not correct in view of the observation made by the trial Court in the impugned order, where it is clearly stated that the matter was presented before the Salem Court and again it was returned, in view of the NI Ordinance 2015. Thus it is clear that, subsequent to return of the complaint by the trial Court, the complainant had filed the said complaint before the appropriate jurisdictional Court. However, by virtue of the amendment to Section 142 of the NI Act, which is with effect from 15.06.2015, once again the complainant has approached the original trial Court. No doubt he has made an application under Section 142 of the NI Act, but making such an application would not in any way cause any prejudice to either side. On the other hand, it would enable him to get reentry in the trial Court by bringing to its notice the amended provision of Section 142 of NI Act - since the materials placed before this Court go to show that, after return of the complaint, the complainant has filed the complaint at then prevailing jurisdictional Court and by subsequent amendment to Section 142 of the NI Act, has once again approached the trial Court, I do not see any illegality or irregularity in the impugned order challenged in this petition. Petition dismissed.
|