Perfect Lasercut and Fab India Pvt. Ltd. v. Vimala Inderchand Jain
Case brief
What is this about?
Quashing at cognizance stage of a Section 138 NI Act prosecution for delay in the statutory demand notice; 30-day computation under Section 138(b) excluding the day of receipt of the bank's dishonour intimation (cheque return memo dated 16.08.2022; notice dated 16.09.2022 = 31st day); petitioners/accused Nos.1 to 4 were a private company and its directors; complaint and cognizance order dated 23.12.2022 of the Prl. Civil Judge and JMFC, Hubballi in C.C. No.8591/2022 quashed under Section 482 Cr.P.C.; Delhi High Court precedent Deepak Nagar relied on (within which M/s Texco and Rayapati Power Generation Pvt. Ltd. and Section 9, General Clauses Act, 1897 appear in quoted text); cheque amount Rs.33,60,000/-; liberty reserved to complainant for civil recovery; Dharwad Bench, single judge Shivashankar Amarannavar, order dated 04.03.2025.
What did the court decide?
Petition allowed; the complaint and the order of cognizance dated 23.12.2022 in C.C. No.8591/2022 quashed so far as the petitioners/accused Nos.1 to 4 are concerned; respondent/complainant at liberty to initiate any action in accordance with law for recovery of the cheque amount.