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TMI Blog2022 (2) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Court to the provisions of Sections 138, 143A and 148 of the Negotiable Instruments Act, 1881 (Act of 1881). He submits that, the de-facto complainant did not issue any notice within thirty days of the date of dishonour of cheques as required under the Act of 1881. At best, the de-facto complainant is entitled to compensation of 20 per cent of the value of the two cheques. He relies upon (2011) 13 SCC 412 (Thermax Limited & Ors. Vs. K. M. Johny & Ors.) and submits that, the de-facto complainant is seeking to circumvent the civil proceedings. The claim of the de-facto complainant is barred by limitation so far as Civil Courts are concerned. He draws the attention of the Court to the fact that, First Information Report (FIR) was lodge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant found that the petitioner changed his address and his mobile phone numbers also and after much difficulty when the de-facto complainant found out about him, the police complaint was lodged. According to him, ingredients of Sections 420 and 406 of the IPC stands satisfied. Section 406 of the IPC is a continuing offence. 5. In reply, learned advocate appearing for the petitioner submits that, the petitioner received only one 41A Cr.P.C. notice and that the petitioner could not respond thereto as the petitioner was unwell at that material point of time. 6. There is a FIR alleging that the petitioner defrauded and cheated the de-facto complainant for a sum of Rs. 10,00,000/-. The petitioner also changed his residence and mobile phone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, it cannot be said that there were disputes between the private parties with regard to the quantum involved. 10. In Lalita Kumari (supra), the Supreme Court is of the view that where information received does not disclose cognizable offence a preliminary inquiry may be conducted. In the facts of the present case, the police complaint lodged by the de-facto complainant against the petitioner, in substance, cannot be said not to disclose commission of a cognizable offence. Section 406 of the IPC is a continuing offence. It cannot be said with any certitude that there is no dishonest intention of the petitioner to deceive the de facto complainant. 11. In such circumstances, considering the gravity of the offence and the involvement of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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