Reshami Kumari vs The State Of Jharkhand

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No. 1093 of 2022
                   Reshami Kumari                                     ... Petitioner
                                            -Versus-
               1. The State of Jharkhand
               2. Uday Shankar Singh                                  ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ankit Kumar, Advocate For the Opposite Party-State : Mr. Satish Prasad, A.P.P.

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04/05.07.2022. Learned counsel for the petitioner submits that the complaint is required to be filed after the expiry of fifteen days from the date of the receipt of the notice under Section 138(b) of the Negotiable Instrument Act, how the opposite party no.2 has filed the complaint prematurely after seven days from the date of receipt of the notice. He further submits that the case is prematured in view of the judgment rendered by the Hon'ble Supreme Court in the case of Yogendra Pratap Singh v. Savitri Pandey , reported in (2014) 10 SCC 713.

Let notice be issued upon opposite party no.2 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within two weeks.

Let this matter appear on 31.08.2022.

Till the next date, there shall be stay of further proceeding in connection with Complaint Case No.1111/2021, pending in the court of the learned Sub-Divisional Judicial Magistrate, Deoghar.

(Sanjay Kumar Dwivedi, J.) Ajay/