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Dharmendra Kmar Jaiswal vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

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Allahabad HC
2025
Dharmendra Kmar Jaiswal vs State of U.P. and AnotherDharmendra Kmar Jaiswal v. State of U.P. and Another

Dismissed¶12

Dharmendra Kmar Jaiswal v. State of U.P. and Another

Allahabad HC17 Jan 2025A482/26430/2024

Case brief

AI extract

What is this about?

s.482 Cr.P.C. quashing; premature complaint; s.138 read with s.142 N.I. Act; dishonour of cheque Rs. 50 lacs; DNS bank; stop by drawer; legal notice dated 17.12.2019 received 23.12.2019; 15 days notice period; complaint filed 13.01.2020; Complaint Case No. 207 of 2020; Mahesh Chandra Sharma vs. Dharmendra Kumar Jaiswal; P.S. Tajganj, District Agra; Judicial Magistrate court no.9; Additional District Judge court no.26; application rejected; Vikas Budhwar, J.

What did the court decide?

The legal notice having been issued within the time prescribed under Sections 138 and 142 of the N.I. Act and served upon the applicant on 23.12.2019, and the complaint having been preferred on 13.01.2020 after the notice period of 15 days to make payment, the proceedings are in accordance with Sections 138 and 142 of the N.I. Act; accordingly the prematurity contention fails.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the application under s.482 Cr.P.C. seeking quashing of the orders dated 15.03.2022 and 15.07.2024 and the entire proceedings of Complaint Case No. 207 of 2020 should be allowed. +1 more

Ratio / Principle

The legal notice having been issued within the time prescribed under Sections 138 and 142 of the N.I. Act and served upon the applicant on 23.12.2019, and the complaint having been preferred on 13.01.2020 after the notice period of 15 days to make payment, the proceedings are in accordance with Sections 138 and 142 of the N.I. Act; accordingly the prematurity contention fails.

Key takeaways

No dispute has been raised by the applicant to the issue of the cheque or to the receipt of the demand notice.ratio¶11

Detailed headnote1 paragraphs

Quashing application under s.482 Cr.P.C. against the order dated 15.03.2022 of Judicial Magistrate Civil Judge (J.D.) court no.9, the order dated 15.07.2024 of Additional District Judge court no.26, and the entire proceedings of Complaint Case No. 207 of 2020 (Mahesh Chandra Sharma vs. Dharmendra Kumar Jaiswal) under s.138 N.I. Act pending at Agra. Background: cheque of Rs. 50 lacs drawn from DNS bank presented 13.12.2019 and dishonoured on account of stop by the drawer; legal notice issued 17.12.2019, received by applicant 23.12.2019; complaint lodged 13.01.2020. Applicant contended the complaint was premature as one month had not lapsed from service of the notice. Held: notice issued within the time prescribed under ss.138 and 142 N.I. Act; after the 15-day notice period the complaint preferred on 13.01.2020 conforms to those provisions; further, no dispute raised by applicant to issuance of cheque or receipt of demand notice. Application rejected.

A

Neutral Citation No. - 2025:AHC:50882

Court No. - 73

Case :- APPLICATION U/S 482 No. - 26430 of 2024

Applicant :- Dharmendra Kmar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Raghubir Singh, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State.

This is an application U/s 482 Cr.P.C. filed for quashing the order dated 15.03.2022 passed by Judicial Magistrate Civil Judge (J.D.) court no.9 and order dated 15.07.2024 passed by Additional District Judge court no.26 as well as entire proceeding of complaint case no. 207 of 2020 (Mahesh Chandra Sharma vs. Dharmendra Kumar Jaiswal) under section 138 of N.I. Act, P.S. Tajganj, District Agra pending in the court of Judicial Magistrate, court no.1 Agra.

Learned counsel for the applicant has submitted that a complaint stood lodged on 13.01.2020 against the applicant purported to be under section 138 of N.I. Act relatable to dishonouring of a cheque of an amount of Rs. 50 lacs drawn from the DNS bank. Learned counsel for the applicant submits that said cheque was dishonoured on 13.12.2019 when presented in the bank on account of stop by the drawer and thereafter a legal notice was issued on 17.12.2019 which as per the recitals contained in paragraph-3 was received on 23.12.2019 and the complaint stood lodged on 13.01.2020. Learned counsel for the applicant submits that the complaint is for the reasons pre mature that one month has not lapsed on the date when the legal notice dated 17.12.2019 would served upon the applicant on 23.12.2019.

Learned AGA has not disputed the said fact and according to him in view of the provisions contained under section 138 read with Section 142 of N.I. Act, the complaint is to be filed within one month from the date of which the cause of action has arisen. He submits that the cause of action stood arose post 23.12.2019 when the notice was served upon the applicant and while granting 15 days time to make payment and the complaint stood preferred

on 13.01.2025.

Having the submissions so made across the bar, the Court is of the opinion that the notice had been issued within the time prescribed under Section 138 and 142 of N.I. Act on 17.02.2019 which was served upon the applicant on 23.12.2019 and after notice period of 15 days to make the payment, the complaint was preferred on 13.01.2020 and the proceeding are as per section 138 and 142 of N.I. Act. Further there has been no dispute raised by applicant to issue of cheque, receipt of demand notice.

Accordingly, there is no merit in the application and the same is hereby rejected.

Order Date :- 8.4.2025

C. MANI

( Vikas Budhwar,J. )

Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the application under s.482 Cr.P.C. seeking quashing of the orders dated 15.03.2022 and 15.07.2024 and the entire proceedings of Complaint Case No. 207 of 2020 should be allowed.¶7
2.
Whether the complaint lodged on 13.01.2020 under s.138 N.I. Act was premature, as contended by the applicant, because one month had not lapsed from the date the legal notice dated 17.12.2019 was served upon the applicant on 23.12.2019.medium confidence¶8
The court held
The legal notice having been issued within the time prescribed under Sections 138 and 142 of the N.I. Act and served upon the applicant on 23.12.2019, and the complaint having been preferred on 13.01.2020 after the notice period of 15 days to make payment, the proceedings are in accordance with Sections 138 and 142 of the N.I. Act; accordingly the prematurity contention fails.ratio¶11

Statutes considered

4 provisions across 2 enactments

AI extract

Cr.P.C.482¶7
N.I. Act138¶7 138, 142¶9 138, 142¶11

Procedural history

How this case reached the court

AI extract

Order under challenge
Application seeks quashing of the order dated 15.03.2022 passed by Judicial Magistrate Civil Judge (J.D.) court no.9 and the order dated 15.07.2024 passed by Additional District Judge court no.26, together with the entire proceedings of Complaint Case No. 207 of 2020 under s.138 N.I. Act.¶7
Judicial Magistrate Civil Judge (J.D.) court no.9; Additional District Judge court no.26
Prior proceeding
Complaint lodged on 13.01.2020 against the applicant, purportedly under s.138 N.I. Act, relating to dishonour of a cheque of Rs. 50 lacs drawn from the DNS bank; constituted as Complaint Case No. 207 of 2020 (Mahesh Chandra Sharma vs. Dharmendra Kumar Jaiswal), P.S. Tajganj, District Agra, pending before Judicial Magistrate, court no.1, Agra.¶8
Prior proceeding
The cheque was dishonoured on 13.12.2019 when presented in the bank on account of 'stop' by the drawer.¶8
Prior proceeding
A legal notice was issued on 17.12.2019 following dishonour; per the recitals in paragraph-3 of the notice/complaint it was received by the applicant on 23.12.2019.¶8
Prior proceeding
Complaint Case No. 207 of 2020 pending before Judicial Magistrate, court no.1, Agra.¶7

Parties & counsel

AI extract

applicant
Dharmendra Kmar Jaiswal¶4
Raghubir Singh
respondent
State of U.P. and Another¶4
G.A., S.K. Singh

Coram

AI extract

Vikas Budhwar, J.author¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 17 Jan 2025 · January
Registered: 8 Aug 2024
Case no.: A482/26430/2024
CNR: UPHC014097502024
Topic: Cheque Dishonour
Bench: Vikas Budhwar
Case type: APPLICATION U/S 482

All orders in this case

5 orders share this CNR

5 Dec 2024Order 1 · Vikas Budhwar
17 Jan 2025Order 2 — this page · Vikas Budhwar
27 Feb 2025Order 3 · Vikas Budhwar
17 Mar 2025Order 4 · Vikas Budhwar
8 Apr 2025Order 5 · Vikas Budhwar

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Cite this judgement

Dharmendra Kmar Jaiswal v. State of U.P. and Another, A482/26430/2024 (ALL), decided on 17 January 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Cr.P.C.482
N.I. Act138 · 138, 142 · 138, 142

View all statutes

Procedural history5

Application seeks quashing of the order dated 15.03.2022 passed by Judicial Magistrate Civil Judge (J.D.) court no.9 and the order dated 15.07.2024 passed by Additional District Judge court no.26, together with the entire proceedings of Complaint Case No. 207 of 2020 under s.138 N.I. Act.Judicial Magistrate Civil Judge (J.D.) court no.9; Additional District Judge court no.26
Complaint lodged on 13.01.2020 against the applicant, purportedly under s.138 N.I. Act, relating to dishonour of a cheque of Rs. 50 lacs drawn from the DNS bank; constituted as Complaint Case No. 207 of 2020 (Mahesh Chandra Sharma vs. Dharmendra Kumar Jaiswal), P.S. Tajganj, District Agra, pending before Judicial Magistrate, court no.1, Agra.
The cheque was dishonoured on 13.12.2019 when presented in the bank on account of 'stop' by the drawer.

View full history

Bench / Coram

Vikas Budhwar, J.

Parties & counsel