Jitendra Singh Baghel vs Balkishan
2022 Latest Caselaw 6756 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    M.Cr.C. No.17317/2022
              Jitendra Singh Baghel Vs. Balkishan

Gwalior, Dated:05/05/2022

      Shri Alok Kumar Sharma, Advocate for applicant.

      This application under Section 378(4) of Cr.P.C. has been

filed for grant of leave to file appeal against the judgment dated

24/2/2022 passed by JMFC, Gwalior in Case No.971/2017, by

which the respondent has been acquitted of the charge under

Section 138 of the Negotiable Instruments Act.

The complaint filed by the applicant has been dismissed on

the ground that the cheque in question was presented after its

validity period was over. The counsel for the applicant could not

point out as to how the said finding recorded by the Trial Court is

vitiated. The Trial Court in paragraph 11 of its judgment has held

that by notification dated 4/11/2011 issued by the RBI, the validity

period of six months of a cheque was reduced to three months and

that notification came into effect from 1/4/2012, whereas the

cheque in question was issued on 12/9/2014 and it was presented

on 15/12/2014, i.e. after expiry of three months.

Since the cheque in question was not a valid instrument,

accordingly, the Trial Court did not commit any mistake by

rejecting the complaint filed by the applicant under Section 138 of

Negotiable Instruments Act. Accordingly, the application for grant

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.17317/2022 Jitendra Singh Baghel Vs. Balkishan

of leave to appeal fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2022.05.07 15:41:50 +05'30'