NI Act - Jurisdiction U/S 482 CrPC Can't Be Invoked To Circumvent Due Procedure Of Law: Punjab & Haryana High Court

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.

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.