Ajit Kumar Swain vs Pitambar Mohanty .... Opp. Party
2024 Latest Caselaw 16165 Ori

Orissa High Court

Ajit Kumar Swain vs Pitambar Mohanty .... Opp. Party on 4 November, 2024

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMC No.3431 of 2024

             Ajit Kumar Swain                   ....     Petitioner
                                                      Mrs. C. Kasturi,
                                                      Advocate



                                     -versus-
             Pitambar Mohanty                   .... Opp. Party




         CORAM:
              JUSTICE SIBO SANKAR MISHRA

Order                                ORDER
 No.                               04.11.2024
 01.
        1.

In the present petition, the petitioner has challenged the order dated 02.08.2024 passed by the learned J.M.F.C.-III (Cog. Taking), Cuttack in 1.C.C. Case No.04 of 2024, whereby the complaint under Section 138 of the N.I. Act has been dismissed being premature.

2. I have perused the complaint and the impugned order dated 02.08.2024. The learned Court below has dismissed the complaint case filed by the petitioner/ informant being premature, as the same is stated to have been filed three days before the statutory period of limitation described under Section 138 of the N.I.

Act.

3. Learned counsel for the petitioner, relying upon the judgment in the case of Chouradiya Trading Company v. Sushil Kumar, reported in 2010 (1) DCR 511 (MP), submits that, the learned Court below has no power to dismiss the premature complaint under Section 138 of the N.I. Act.

4. I am in agreement with the contentions raised by the learned counsel for the petitioner. Therefore, the impugned order dated 02.08.2024 passed by the learned J.M.F.C.-III (Cog. Taking), Cuttack in 1.C.C. Case No.04 of 2024 is set aside. The complaint is restored to its original file.

5. The learned Court below is directed to hear the petitioner on merit and proceed with the complaint case in accordance with law.

6. The CRLMC is accordingly allowed.

(S.S. Mishra) Judge Subhasis

Location: High Court of Orissa, Cuttack.