TMI Blog2003 (3) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... used Bapulal. Briefly stated, the facts of the case are that the accused issue a cheque bearing No. 011016, dated 8-11-99 for a sum of Rs. 21,060/- in the name of complainant Krapachand on Union Bank of India, Shajapur Branch with a request to get it encashed after five months. The complainant/N.A. presented the said cheque to the Bank for encashment on 3-5-2000, but on account of shortage of funds in the account of the accused/applicant, the said cheque returned dishonoured. On 4-5-2000, the complainant informed the accused about dishonour of the cheque by Registered Post and demanded payment of money within five days. On 8-5-2000, the complainant lodged the complaint under Section 138 of the Act. On 5-1-2001, the learned Chief Judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received information of dishonour of cheque. Therefore, he issued notice on 4-5-2000, but without waiting for statutory period of 15 days, as per provision under Section 138 read with Section 142 of the Act, filed a complaint on 8-5-2000 though on that date, cause of action did not arise. Therefore, the complaint was premature and liable to be dismissed. She supported the order of dismissal by the learned Chief Judicial Magistrate, dated 6-7-2001. On the other hand, learned Counsel for the non- applicant/complainant supported the order passed by the Revisional Court on the strength of recent judgment passed by the Supreme Court in the case of Narsinghdas Tapadia v. Goverdhandas (AIR 2000 SC 2946) and Smt. Hemlata Gupta v. State of Uttar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t/complainant. But, the cognizance was taken by the learned Trial Court on 5-1-2001. On this date, the statements of the complainant Krapachand and his witness Azeem were recorded under Sections 200 and 202 of the Code of Criminal Procedure and thereafter on 7-3-2001 the learned Trial Court heard the Counsel for the complainant, for registration of the complaint and issuance of process. Learned Counsel for the applicant has filed the certified copy of the order sheet and perusal thereof is revealing this fact and the same has been considered in Para 7 of the Revisional Court's order. In view of the Apex Court's judgment and in the facts and feature of the case, though the complaint was premature, but the cognizance was taken by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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