C528/358/2024 on 28 March, 2025

Uttarakhand High Court

C528/358/2024 on 28 March, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                     COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures
      28.03.2025                            C-528 No. 358 of 2024
                                            H on'ble Vive k Bha r t i Sha r m a , J.

Mr. Shivam Sharma, counsel for the
petitioner appeared through V.C.

2. This criminal misc. application is filed
under Section 528 of B.N.S.S. by the
petitioner/accused for quashing of the impugned
summoning order dated 30.05.2024 passed by
learned Judicial Magistrate, Mussoorie, District
Dehradun in Complaint Case No. 10 of 2024
‘Satish Kumar vs. Mohit Kumar‘ as well as the
entire criminal proceedings of the above
Complaint Case number under Section 138 of the
Negotiable Instruments Act, 1881.

3. Counsel for the petitioner/accused would
submit that the criminal proceedings of the above
complaint case, are challenged on the two
grounds:

First, that in the legal notice issued by the
respondent/complainant, petitioner/accused was
called to pay the cheque amount of `4,50,000/-
and fees of the notice as `3,000/- within seven
days of the receipt of the legal notice, and,
Second, that the petitioner/accused has
made the part payment around `1,00,000/- (One
Lakh Rupees) to the respondent/complainant and
as per Section 56 of the Negotiable Instruments
Act, when the part payment against the cheque
has been made, then no complaint case would
have been filed.

4. However, learned counsel for the
petitioner/accused would fairly concede that the
complaint case was filed after expiry of 15 days
from the receipt of the legal notice for the
payment of cheque amount (Annexure No. 1 to the
petition). He prays for time to place the law that
even if the cheque is filed as per the time limits
set out in the Negotiable Instruments Act instead
of 15 days is given to pay the cheque amount no
criminal complaint case would have been filed.

5. Allowed.

6. List this matter on 03.04.2025.

( Vive k Bh a r t i Sh a r m a , J.)
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Akash