Md. Siraj vs The State Of Jharkhand & Anr
2022 Latest Caselaw 2962 Jhar

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              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 1677 of 2022

        Md. Siraj                                      ......       Petitioner
                                  Versus
        The State of Jharkhand & Anr.                  ......       Opposite Parties


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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner: Mr. Rahul Pandey, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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04/Dated: 02/08/2022 Learned counsel for the petitioner submits that legal notice was

issued on 12.08.2016 and without complying statutory provision under sections

138 as well as 142 of the Negotiable Instrument Act, the complaint case has been

filed on 02.09.2016 i.e. within 21 days of issuance of notice. He relied on

judgment in the case of "Yogendra Singh v. Savitry Pandey', (2014) 10 SCC

713 and submits that the case has been filed is premature.

Let notice be issued upon O.P. No. 2 under registered cover with

A/D as well as by ordinary process for which requisites etc. must be filed within

two weeks.

There shall be stay of further proceeding in connection with

Complaint Case No 1277 of 2016, pending in the Court of learned Judicial

Magistrate, Ist Class at Giridih, till the next date.

Let this matter appear on 14.10.2022.

( Sanjay Kumar Dwivedi, J.) Satyarthi/