AMISHEK KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner seeks bail.

(2.) Learned advocate appearing for the petitioner submits that, it is alleged that the petitioner did not pay the amount involved in two dishonoured cheques dated May 11, 2016 and May 15, 2016 valued at Rs.10,00,000.00. He draws the attention of the Court to the provisions of Ss. 138, 143A and 148 of the Negotiable Instruments Act, 1881 (Act of 1881). He submits that, the de-facto complainant did not issue any notice within thirty days of the date of dishonour of cheques as required under the Act of 1881. At best, the de-facto complainant is entitled to compensation of 20 per cent of the value of the two cheques. He relies upon (2011) 13 SCC 412 (Thermax Limited and Ors. Vs. K. M. Johny and Ors.) and submits that, the de-facto complainant is seeking to circumvent the civil proceedings. The claim of the de-facto complainant is barred by limitation so far as Civil Courts are concerned. He draws the attention of the Court to the fact that, First Information Report (FIR) was lodged on January 11, 2022 in respect of two cheques dishonoured in 2016. He relies upon (2014) 2 SCC 1 (Lalita Kumari Vs. Government of Uttar Pradesh and Ors.) and submits that, the FIR does not disclose commission of a cognizible offence. In any event, given the abnormal delay in initiating the criminal complaint and given the fact that the de-facto complainant did not satisfactorily explain the reasons for the delay, a preliminary inquiry should be made. According to him, none of the ingredients under Ss. 420 and 406 of the Indian Penal Code (IPC) stands satisfied. The de-facto complainant did not lodge any complaint contemporaneously.

(3.) Learned advocate appearing for the State submits that, FIR was lodged on January 11, 2022. He draws the attention of the Court to the contents in the case diary. He submits that, the petitioner changed his residence and mobile phone numbers frequently. He submits that, two notices under Sec. 41A of the Code of Criminal Procedure (Cr.P.C.) were issued to the petitioner and that the petitioner did not respond thereto.