GEETA AGARWALLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the complainant-opposite party No. 2.

(2.) Thereupon a complaint was lodged taking the date when the Bank refused to honour the cheque on making endorsement "cheque series do not relate to us" as accrual of cause of action.

(3.) Mr. A.K. Das, learned counsel appearing for the petitioner submits that on such complaint, cognizance of the offence was taken under Section 138 of the Negotiable Instrument Act, though cheque had never been dishonored on the ground if insufficiency of fund in the account of the drawer or that it exceeds the amount arranged to be paid from the account of the petitioner and thereby no complaint can be maintained for an offence under Section 138 of the Negotiable Instrument Act and thereby the court certainly committed illegality in taking cognizance of the offence under Section 138 of the Negotiable Instrument Act.