MUNINDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the cognizance order dated 04.07.2014 passed by the learned ACJM, Bagaha, West Champaran, whereby the learned Magistrate has taken cognizance against the petitioner under Section 138 of the Negotiable Instruments Act (hereinafter in short referred to as 'N.I. Act').

(3.) It is submitted by learned counsel for the petitioner that preceding to the filing of any complaint petition against the petitioner under Section 138 of the N.I. Act a notice must have been given by the drawee to him within 30 days from the date of dishonor of the cheque and on non-compliance of the notice within 15 days of the receipt of the same, the complaint ought to have been filed but no notice has been given to him by the drawee of the cheque preceding to filing the case. It is further submitted that under Section 142 of the N.I. Act, it is the complaint which can be filed in case of dishonor of cheque and not the F.I.R. Hence, the cognizance taken by the learned lower court on the basis of the F.I.R. filed against the petitioner by the drawee of the cheque without giving notice to the petitioner is illegal and is liable to be quashed.