Court No.3.
HIGH COURT OF SIKKIM
Record of proceedings
CRL. L.P. No.03 of 2022
JAGAT SINGH SINGHI ....... PETITIONER
VERSUS
RADHAY SHYAM SWAMI ....... RESPONDENT
Date: 12.08.2022
CORAM :
HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.
For Petitioner : Mr. Simeon Subba, Advocate.
Ms. Adeshna Subba Advocate
For Respondent : Mr. Zangpo Sherpa, Advocate.
::
Mr. Samso Hang Subba, Advocate.
Ms. Anjali Shah, Advocate.
M
.......
Heard Mr. Simeon Subba, learned counsel for the
petitioner. The learned Judicial Magistrate by the impugned
judgment dated 30.11.2021, inter alia, has come to the
conclusion that though the complainant has proved that the
accused had issued cheque in discharge of debt/liability, that
the cheque had been dishonoured due to insufficient funds
and that the accused failed to pay the amount to the
complainant within 15 days from the receipt of legal notice to
pay the cheque amount, however, the complaint having been
filed 8 days after the statutory period of one month limitation
period has expired. That the cause of action arose on receipt
of the first legal notice and the petitioner failed to comply with
the statutory requirements under 142 (b) of the Negotiable
Instrument Act 1881. Consequently, the respondent has been
acquitted for the offence under section 138 of the Negotiable
Instruments Act 1881. On consideration of the issues raised Court No.3.
HIGH COURT OF SIKKIM Record of proceedings
before this court by the petitioner it is felt necessary to
examine it further. Accordingly, leave is granted to the
petitioner.
Register the criminal appeal and list on 19.09.2022.
Judge
Index : Yes / No to/ Internet : Yes / No
