DILIP KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Kashyap, learned senior counsel appearing for the petitioner, Mrs. Priya Shrestha, learned Spl.P.P. for the State and Mr. Ashish Kumar, learned counsel appearing for the O.P. No. 2.

(2.) This petition has been filed for quashing of the order dtd. 9/6/2015, passed by the learned Principal Sessions Judge, Sahibganj, in Cr. Rev. No. 102 of 2014, whereby the cognizance taken under Sec. 138 of the NI Act by the learned court against the O.P. No. 2 has been set aside and the revision petition was allowed, in connection with P.C.R. Case No. 421 of 2014 (T.R. No. 694 of 2014).

(3.) Learned senior counsel appearing for the petitioner submits that the learned court has taken the cognizance under Sec. 138 of the NI Act and the same was reversed by the learned revisional court on the ground that notice was received on 26/6/2014 and the case was filed on 11/7/2014, the month of June, being of 30 days and the case was filed on 15th day of issuance of legal notice to the drawer. He submits that on that very ground the learned revisional court has set aside the cognizance order. He submits that the case of the petitioner is fully covered in the light of the judgment of Hon'ble Supreme Court in the case of Narsingh Das Tapadia Versus Goverdhan Das Tartani and Anr. reported in (2000) 7 SCC 183, where in paras-6 and 8, the Hon'ble Supreme Court has held as follows:-