TMI Blog2020 (2) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... on allowed. - CRL.M.C. 2973/2018 & Crl.M.A.No.10513/2018 - - - Dated:- 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 directed for quashing of Complaint Case No.8777/2017 and against order dated 12.07.2017 vide which the petitioner was summoned for the offence punishable under Section 138 N.I. Act. 2. Learned counsel for the petitioner submitted that the present case relates to dishonour of cheque bearing No.436505 dated 02.01.2017 for ₹ 1,25,00,000/- drawn on State Bank of India, Saket, New Delhi. 3. He submitted that the aforesaid cheque w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ike 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 law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of allegations made in the complain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 142(b) of the Act, an expression that is more commonly used in civil law than in penal statutes . xxx 19. ..A careful reading of Sections 138 and 142, as noticed above, makes it abundantly clear that the cause of action to institute a complaint comprises the three different factual prerequisites for the institution of a complaint to which we have already referred in the earlier p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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