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2 thoughts on “Pawan Kumar Goel Vs. State of Uttar Pradesh & Anr.(17/11/2022)

  1. Section 138 of NI Act. Section 138 of the NI Act reads as under:

    138. Dishonour of cheque for insufficiency, etc., of funds in the account

    Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both:

    Provided that nothing contained in this section shall apply unless—

    (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

    (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

    (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

    Explanation— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.”


  2. Section 200 in The Code Of Criminal Procedure, 1973

    1. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

    Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

    (a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or

    (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

    Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

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