TMI Blog2020 (1) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... s the ingredients of the offence U/s.138 N.I. Act are lacking, taking of cognizance for that offence by the learned S.D.J.M., Bhubaneswar is not sustainable in the eye of law, hence, the same is liable to be quashed. The proceeding u/s138 of the Negotiable Instruments Act, 1881 is quashed. - CRLMC No. 458 of 2018 - - - Dated:- 18-12-2019 - THE HONOURABLE DR. JUSTICE A. K. MISHRA For the Petitioner : M/s. Gopal Kr. Mohanty, P.K. Panda, D. Mishra, S.K. Garanayak For the Opposite Party : Sidhartha Mishra, R. Mishra, D.Sahoo, A. Mishra. ORDER Dr. A. K. Mishra, J. This is a proceeding under section 482 Cr.P.C. to quash the cognizance order dated 2.12.2016 in 1CC No.5534 of 2016 pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, but the said cheque returned back without clearance being dishonoured on dt.16.09.2016 with remarks FUNDS INSUFFICIANT . It is also mentioned in the complaint petition that accused persons made mischief by issuing cheque for which they committed an offence under the provision of Negotiable Instrument Act, 1881. 4. Learned S.D.J.M., Bhubaneswar took cognizance of offence under section 138 Negotiable Instrument Act, 1881 on 2.12.2016 and found sufficient material to proceed against the present petitioner. 5. Learned counsel for the petitioner submits that as the cheque was issued not for any debt or other liability, the complaint does not disclose any offence under section 138 of the Negotiable Instrument A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both. 8. In the decision reported in Mojj Engineering Systems Limited Ors. Vs. A.B. Sugars Ltd.; 154 (2008) Delhi Law Times 579, the Hon ble Delhi High Court has observed that:- 8. It is not as if the cheque came to be issued without any consideration whatsoever in the first place or that there was such a glaring defect in the complaint that the decision of the Trial Court to issue summons has ex facie resulted in miscarriage of justice or an abuse of the process of Court, and therefore interference under section 482 Cr.P.C. to quash the proceedings is warranted in the interest of justice. 9. As per com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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