M/S Sahaj Construction v. Union of India and Ors.
Case brief
What is this about?
Writ petition challenging cognizance taken by a Magistrate on a complaint for dishonour of cheques under Section 138 NI Act. The court held cognizance was invalid because it was taken before expiry of 15 days from the MMSSMM report and without recording satisfaction under Section 200/204 CrPC, and quashed further proceedings.
What did the court decide?
Petition allowed; further proceedings in complaint case No.__/2015 quashed with liberty to file a fresh complaint after following due process.