Petitioner sought writ direction for action against private respondents for cheque dishonour. Court noted available statutory remedies under N.I. Act and Cr.P.C., declined to entertain petition, and dismissed it.
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Court No. - 40
Case :- WRIT - C No. - 8661 of 2021
Petitioner :- Ms. Sneh Pandey Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- A.S.G.I.,Sunil Kumar
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
We have heard counsel for the petitioner through video conferencing.
The prayer in this petition is to command the respondents 1 and 2 to take legal action against the private respondents 3 and 4 on account of dishonour of certain cheques.
If cheques issued to the petitioner has been dishonoured, the petitioner may file a complaint under Section 138 of the N.I. Act or may institute a suit. In case of commission of any cognizable offence, the petitioner may lodge a first information report or a complaint. If the first information report is not registered, despite disclosing a cognizable offence, it would be open to the petitioner to file an application under Section 156(3) Cr.P.C.
Thus, the petitioner has various alternative remedies available, we therefore decline to entertain this petition by leaving it open to the petitioner to avail alternative remedies as may be advised.
Subject to above, the petition is dismissed .
Order Date :- 25.6.2021 AKShukla/-
3 issues framed by the court
Whether a writ petition ordering legal action for dishonoured cheques is maintainable when alternative remedies are available.
Whether the petitioner should be restrained from instituting a suit for dishonoured cheques.
Whether court application under Section 156(3) Cr.P.C. is a viable alternative remedy.
1 provisions across 1 enactments
Sneh Pandey
Union Of India
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
