S.142 NI Act | Magistrate Can’t Take Cognizance If Complaint Not Filed Within One Month After Cheque Drawer Received Statutory Notice: Patna HC

Post published: September 14, 2022
Post category:Daily Judgments / Patna High Court
Reading time:2 mins read

S.142 NI Act | Magistrate Can’t Take Cognizance If Complaint Not Filed Within One Month After Cheque Drawer Received Statutory Notice

Case: Amjad Ali Khan @ Guddu Khan versus The State Of Bihar

Coram: Justice Prabhat Kumar Singh

Case No.: Criminal Miscellaneous No.85714 Of 2019

Court Observation: “In terms of clause (c) of the proviso to section 142 of the NI Act, such complaint should be filed within one month after drawer of the cheque has received notice, and 15 days thereafter have elapsed…It is settled law that the Magistrate is forbidden from taking cognizance of the offence if the complaint was not filed within one month of the date of which the cause of action arose.”

“Moreover, no petition for condoning the delay has been filed on behalf the complainant and without condoning delay, Court below has taken cognizance on the complaint which was barred by limitation,”

Amjad-Ali-Khan-@-Guddu-Khan-versus-The-State-Of-Bihar-14-septemebr-3 Download

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Keywords

Statutory Notice, S.142 NI Act,