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2020 (2) TMI 177

..... ree months, which is to be calculated from the date mentioned on the cheque. The Clause (a) of Proviso to Section 138 of N.I. Act stipulates that Section 138 shall not be applicable unless the cheque is presented to the bank within a period of six months (the period has been reduced from 6 months to 3 months vide the aforementioned RBI notification dated 04.11.2011) from the date on which it is drawn or within the period of its validity, whichever is earlier. Petition allowed. - CRL.M.C. 2973/2018 & Crl.M.A.No.10513/2018 - 3-2-2020 - MR. MANOJ KUMAR OHRI J. Petitioner Through: Mr. Lalit Basoya and Ms. Mehak Kalra, Advs. Respondent Through: Mr. Jai Sahai Endlaw, Mr. Shivansh Soni and Ms. Deepika Mishra, Advs. 1. The present proceedings are d .....

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..... . He has placed reliance on Rajeev Ranjan Sinha V Sushil Kumar Saxena and Ors. reported as 2014(4) Crimes 417(Del), Jitender Singh v Sanjay Kumar reported as 2016 [2] JCC [NI] 78. In addition, he has also referred to Thomas Varghese v P. Jerome reported as 1992 CriLJ 3080 and A.V Murthy v B.S Nagabasavanna reported as AIR 2002 SC 985. 6. It is trite law that at the stage of summoning, the Magistrate does not act like a post office. The application of mind, as required even at the stage of cognizance/issuance of process came before the Supreme Court in Pepsi Foods Ltd. & Ors. v. Special Judicial Magistrate & Ors. reported as (1998) 5 SCC 749, held as under:- 28. Summoning of an accused in a criminal case is a serious matter. Criminal .....

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..... 1) from the date on which it is drawn or within the period of its validity, whichever is earlier. 8. In Shri Ishar Alloys Steel Ltd. v. Jayaswals NECO Ltd. reported as (2001) 3 SCC 609, the Supreme Court held that non-presentation of the cheque to the drawee bank within the period specified in the section would absolve the person issuing the cheque of his criminal liability under Section 138 N.I. Act. 9. The Supreme Court in MSR Leathers v. S.Palaniappan & Anr. reported as 2012 SCC OnLine SC 791, it was held as under:- 14. Presentation of the cheque and dishonor thereof within the period of its validity or a period of six months is just one of the three requirements that constitutes cause of action within the meaning of Sections 138 and .....

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