Allahabad HC in the case of Ravi Dixit Versus The state of the U.P.

Introduction:

The latest judgment of Honorable Allahabad HC in case of dishonor of cheque, once the objective of the drawer of refusing payment is clear, drawee NOT bound to wait for 15 days to file a complaint.

Case Covered:

Ravi Dixit

Versus

The state of the U.P.

Facts of the Case:

The brief facts as can be culled out from the petition are that a cheque of Rs. 5,00,000/- issued on 1.3.2019 and one another cheque of Rs. 5,98,000/- issued on 2.3.2019 were dishonoured on 25.5.2019. The complainant sent a notice on 11.6.2019. He did not r6eceived any money and, therefore on 29.6.2019, he filed a complaint under Section 138 of Negotiable Instruments Act, 1881 which was numbered as Complaint Case No. 441 of 2019. The learned judge after discussing the dates was satisfied that prima facie case is made out for issuance of notice and likewise on 3.9.2019 passed the summoning order.

Observations:

In this case, the cheque was drawn by the accused on an account maintained by him with the bank. The period of 15 days is for making payment. In this case, the accused did not make the payment and did not even appear before the Court below for a year. It is in the month of August 2020 that he has approached this Court.

The decision of the Court:

The reason given by the learned Magistrate is very clear. It is a well-reasoned order which was passed on 30.11.2019. For a period of one year, the petitioner has chosen not to appear before the learned Magistrate and has moved this Court now.

In view of the above, this petition is dismissed with a cost of Rs. 15,000/- to be deposited before the Court below. The petitioner is aware that summons has already been issued against him and, therefore, he may choose to appear before the Court below on or before 15.10.2020 failing which the Court shall be free to take steps as provided by the law.

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