This revision against an order taking cognizance under section 138 of the N.I. Act was dismissed. The Court held there was no illegality in taking cognizance based on the complaint and affidavit, as per section 145 of the Act.
The revision stands dismissed. The interim order dated 4.3.2014 is vacated.
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CRLREV No.61 of 2014
This revision has been directed against an order dated 5.11.2013 taking cognizance of the offence under section 138 of the N.I. Act passed by the learned J.M.F.C., Rajgangpur in ICC Case No.47 of 2013.
Learned counsel for the petitioner submits that the court below has erred in law by taking cognizance of the offence under section 138 of the N.I. Act simply going through the averments made in the complaint and the affidavit submitted in support of such facts narrated in the complaint.
Keeping in view the aforesaid submission and on going through the provision of section 145 of the N.I. Act, this Court finds no such illegality or impropriety in the impugned order of taking cognizance of the offence under section 138 of the N.I. Act.
Accordingly, the revision stands dismissed.
The interim order passed by this Court on 4.3.2014 stands
vacated.
D. Dash, J.
Basu
1 issue framed by the court
Whether taking cognizance of an offence under section 138 of the N.I. Act solely based on the complaint and affidavit constitutes an illegality under section 145 of the N.I. Act.
2 provisions across 1 enactments
Petitioner
Respondent
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
