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1 - 5 of 5 (0.18 seconds)Vivek Grover vs Nand Kishore And Another on 20 February, 2009
II. Issue a writ, order or direction in the nature of certiorari quash the order dated 13.07.2022 passed by Additional Session Judge Court No. 3 Ghaziabad in Criminal Revision No. 141 of 2021 (Nand Kishor Vs. State of U.P. and Vivek Sharma), as well as order dated 09.11.2017, passed by Additional Civil Judge (Pravar Khand) Additional Chief Judicial Magistrate Court No. 2, Ghaziabad arising out of old Complaint Case No. 755 of 2017, and New Complaint Case No. 1798 of 2021, (Vivek Sharma Vs. Nand Kishor) under Section 138 N.I. Act, Police Station Kavi Nagar, District Ghaziabad.
Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
B.K. Sarkar And Anr. vs State Of Gujarat And Anr. on 12 September, 2007
4. It is submitted by learned counsel for the petitioner that in this case the order passed by A.C.J.M. Court No. 2 Ghaziabad in Complaint No. 755 of 2017 dated 09.11.2017 under Section 138 of the N.I. Act was challenged in Criminal Revision No. 141 of 2021 before the learned court of Sessions which was decided on 13.07.2022 while rejecting the revision against which present petition has been preferred. It is submitted by learned counsel for the petitioner that in the complaint under Section 138 of the N.I. Act two cheques bearing No. 610035 and 610032 amounting to Rs. 8 lakhs were handed over by the petitioner to the respondent who presented them before the concerned bank but those cheques were subjected to dishonor on 26.04.2017 and 13.04.2017. It is further submitted that notice was given by the respondent to the petitioner on 11.07.2017 after 86 days which cannot be said to be within the period as provided under Section 138 (b). Where notice has not been given within the statutory period i.e. 30 days no proceedings under Section 138 N.I. Act can be maintainable. The learned trial court as well as the learned revisional court did not consider this statutory provision of law but entertained the complaint under Section 138 N.I. Act. Even this point was raised before the learned revisional court but it was also not taken into consideration and order was passed in routine manner, therefore it cannot sustain in the eye of law but being erroneous is liable to be set aside. He relied his argument in the case of B.K. Sarkar and Another Vs. State of Gujarat and Another decided on 12.09.2007 by the Gujarat High Court.
Nand Kishore Singh vs Sri R.K. Sharma, Secy. Panchayati Raj, ... on 28 August, 2010
II. Issue a writ, order or direction in the nature of certiorari quash the order dated 13.07.2022 passed by Additional Session Judge Court No. 3 Ghaziabad in Criminal Revision No. 141 of 2021 (Nand Kishor Vs. State of U.P. and Vivek Sharma), as well as order dated 09.11.2017, passed by Additional Civil Judge (Pravar Khand) Additional Chief Judicial Magistrate Court No. 2, Ghaziabad arising out of old Complaint Case No. 755 of 2017, and New Complaint Case No. 1798 of 2021, (Vivek Sharma Vs. Nand Kishor) under Section 138 N.I. Act, Police Station Kavi Nagar, District Ghaziabad.
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