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(Guest)

Premature complaint of cheque bouncing case

  

1)      Notice given by hand to the father of Drawer  who is staying with him. Father gave sign and thumb impression as acknowledgement on main copy of notice. Whether serving notice by this way  can be challenged now when recording of evidence is in progress?

 

2)      Is it proper to file application by drawer  u/s 251 of CrPC for dismissal of cheque bouncing complaint when recording of  evidence is in progress? On the issue given below  -                                                           

Notice issued to Drawer on 29/09/2014.

Notice return by post to sender on 07/10/2014.  

Complaint is filed in court on 18/10/2014

15 days stipulated time started on 08/10/2014  completing on 22/10/2014.

However  five days prior complaint is filed in court  on 18/10/2014. Therefore mandatory 15 days of waiting period has not been observed and so complaint is PREMATURE COMPLAINT   so it should be dismissed.

However drawer  never mentioned in his application that his father has received notice on 01/10/2014. Base on same notice case is filed in the court. On 18/10/2014.

 

Above issues raised by drawer now are legal and proper?

 



Learning

 2 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     21 April 2015

Once the cognizance is taken it can not be dismissed by same court.

 

You will have to go in revision if within time since the complaint is illegal far  want of   any notice  to the accused and premature filing.

 

Simple way is frame proper questions in cross and at end of the cross apply for dismissal since no legal evidence.


(Guest)

I am Junior Advocate.  I am complainant in this case. i have filed this case against drawer. Kindly advise.


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