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NI Act | Jurisdiction U/S 482 CrPC Can't Be Invoked To Circumvent Due Procedure Of Law: Punjab & Haryana High Court
Drishti Yadav
29 Jun 2022 2:27 PM IST
In a case relating to dishonour of cheque wherein the limitation period for invoking proceedings under Section 138 of the Negotiable Instruments Act had elapsed, the Punjab and Haryana High Court held that the Petitioner cannot invoke Section 482 of CrPC seeking directions to indirectly restore the said right. It observed,"The process of law cannot be taken recourse to circumvent the...
In a case relating to dishonour of cheque wherein the limitation period for invoking proceedings under Section 138 of the Negotiable Instruments Act had elapsed, the Punjab and Haryana High Court held that the Petitioner cannot invoke Section 482 of CrPC seeking directions to indirectly restore the said right. It observed,
"The process of law cannot be taken recourse to circumvent the due procedure prescribed in law," Justice Vinod S. Bhardwaj observed.
The Petitioner alleged that relying on assurance made by the respondent that the payment shall be made he did not institute any complaint under Section 138 of the Negotiable Instruments Act, 1881. It is further contended that the said respondent has thus committed a fraud with the petitioner and that a representation in this regard has already been submitted to the DSP, Gurdaspur, however, no action has been taken thereupon.
He sought directions to the respondent authorities to call for the status report on the representation.
The Court observed,
The submission of the representation and approaching this Court is apparently an attempt on the part of the petitioner to arm twist the respondents to issue fresh cheques as the time period for institution of the complaint pursuant to the earlier cheques having been dishonoured has already expired since then.
The court observed that the transaction in question allegedly took place in 2017 and the cheque was dishonoured in January 2021. Therefore, the submission of the representation and approaching this Court is an attempt to arm twist the respondents to issue fresh cheques because time period for institution of the complaint has already expired.
Therefore, the petitioners should take recourse of appropriate proceedings before the competent authorities in accordance with law the court added.
Consequently, the court dismissed the instant petition for being sans any merit after observing that the present petition is apparently an attempt to circumvent the due process of law and to use it to pressurise and arm twist the respondents.
Case Title : Harjit Singh v. State of Punjab and Others
Citation : 2022 LiveLaw (PH) 163
