Mandi: In a major relief to the accused, the Additional Chief Judicial Magistrate (ACJM) Court No. 1, Mandi, has dismissed a long-pending cheque bounce case involving ₹17.40 lakh. The court ruled that the complaint was filed too early and did not follow the mandatory legal timeline.
The case dates back to 2012. Gyan Chand, a resident of Takoli, had filed a complaint against Chand Kishore Sharma of Kullu. He alleged that Sharma had issued a cheque of ₹17.40 lakh from Union Bank of India’s Kullu branch on June 18, 2012, to clear a legal liability.
However, when the cheque was presented for payment, it bounced on August 13, 2012. The bank cited multiple reasons, including insufficient funds, signature mismatch, and an inactive account.
The complainant claimed that a legal notice was sent to the accused on August 27, 2012. Later, the complaint was filed in court on September 15, 2012. This step proved costly for the complainant.
During the trial, it could not be established when the legal notice was actually received by the accused. Referring to Supreme Court and High Court rulings, the court explained that if the date of receipt is not proven, the notice is legally assumed to be served 30 days after dispatch. After receiving the notice, the accused must be given 15 more days to make the payment.
This means a cheque bounce case can be filed only after at least 45 days from sending the notice. In this case, the complaint was filed before this mandatory waiting period ended.
Calling it a clear legal lapse, the court held that the complaint was premature and not maintainable under the law. On this technical but crucial ground, the court dismissed the ₹17.40 lakh cheque bounce claim.
