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Vinayagamurugan   19 July 2025

Criminal petition under ni act sec 138 filed with 14 days delay

Dear sir,If cheque bounce criminal appeal under ni act sec 138 , now the case moved to city civil court, chennai. after dismissal the petition from sessions court due to delay filing of 14 days , in this situation possible to file a quash petition at high court, if the cheque invalid due to merger of banks state bank of mysore with state bank of india, i have information as per rti and also banks notifications to prove the cheque is invalid ? As per this scanario the city civil court giving importance to cheque validity or delay petition?. Possible to allow with the reason invalid cheque or possible to dismiss due to delay filing


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     19 July 2025

If the cheque bounce case was dismissed for 14 days delay then the complainant has to prefer appeal against this decision which is already pending 

In that case the quash petition will not be maintainable until the decision to set aside dismissal by appellate court is passed.

1 Like

P. Venu (Advocate)     19 July 2025

What do you mean by "now the case moved to city civil court, chennai. after dismissal the petition from sessions court due to delay filing of 14 days"?

How could the City Civil Court entertain the matter allegedly dismissed by the Sessions Court?


 

1 Like

Dr. J C Vashista (Advocate )     20 July 2025

How can an appeal dismissed by Sessions court entertained by a City Civil Court (junior and civil court)  assume jurisdiction in such circumstances ?

Either it is a fabricated story or you are not aware about the facts of the case.

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 July 2025

City civil court has no jurisdiction to hear the criminal complaint case until it is a sessions court also.

It appears that the complainant has preferred an appeal against the decision of the metropolitan magistrate court dismissing the application filed to condone 14 days period of  delay in filing the cheque bounce case.

If that is correct then the question of quash does not arise because the cheque bounce case itself is not existing as on date, and it is not even in the preliminary trial stage too.

Therefore do not be misguided by the terminology called 'quash' of the cheque bounce case.

If the cheque bounce case is admitted by condoning delay in filing it, then you can think about the options of either quashing the case or to challenge the same on merits, hence your proposal is too early as of now. 

1 Like

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