RITA CHOPRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS quashing application has been filed seeking quashing of order dated 22nd May 1999 taking cognizance of the case by Judicial Magistrate, 1st Class, Patna, in Gandhi Maidan P.S.Case No. 251 of 1997.

(2.) HEARD .

(3.) IT was submitted before me that under the Negotiable Instrument Act, no cognizance could be taken because the complaint was not filed within the stipulated period of the return of cheque. So the cognizance u/s 138 of N.I.Act was bad. Moreover when the N.I. Act was not applicable to the facts of the case, cognizance u/s 420 I.P.C. was also bad because the Special Act shall prevail over the General Act. Besides that, it was also submitted that petitioner no. 1 was wrongly prosecuted.