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2022 (11) TMI 143 - JHARKHAND HIGH COURTDishonor of Cheque - applicability of Section 142 of the N.I. Act - HELD THAT:- Section of the I.P.C. is not attracted in a case where subject matter of the case is arising out of N.I. Act. and this aspect of the matter is being considered by the larger Bench of the Hon'ble Supreme Court as to whether in a case which is arising under Section 138 of the N.I. Act, Section 406, 420 of the I.P.C. is attracted or not. Moreover, the case is arising under Section 138 of the N.I. Act and for that only complaint case can be entertained, which is lacking in the case in hand. It is admitted fact that the matter is of Section 138 of the N.I. Act and opposite party no. 2 cannot be allowed to be remediless and the answer to this has already been given by the Hon'ble Supreme Court in YOGENDRA PRATAP SINGH VERSUS SAVITRI PANDEY & ANR. [2014 (9) TMI 1129 - SUPREME COURT]. Petition allowed.
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