Rajkumar Kannouje v. Shri Rakesh Kannouje

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 94 of 2020 • Rajkumar Kannouje, S/o Late Shri Ravichand Kannouje, Aged about 37 years, R/o Behind Naagorao Shesh School, Juna Bilaspur, Police Station- City Kotwali, Tahsil & District- Bilaspur (C.G.) ---- Petitioner

Versus

• Shri Rakesh Kannouje, S/o Late Madhoprasad Kannouje, Aged about 45 years, R/o Lily Chowk, Purani Basti, Transformer Gali, Raipur, Police Station- Purani Basti, Laiy Chowk, Tahsil & DistrictRaipur (C.G.) ---- Respondent --------------------------------------------------------------------------------------- For Petitioner : Shri Rishi Kant Mahobia, Advocate.

For Respondent : None.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 16/01/2020

1. This appeal is preferred against the order dated 4th December, 2019 passed by Judicial Magistrate First Class, Bilaspur (C.G.) in Complaint Case No. 713/2018 filed under Section 138 of the Negotiable Instruments Act, 1881 wherein the said Court dismissed the complaint as premature.

2. In the matter of Yogendra Pratap Singh Vs. Savitri Pandey & Another, reported in (2014)10 Supreme Court Cases 713, it is held (Para 41) that if a complaint is premature then remedy is only to file a fresh complaint.

3. In view of the law laid down by Hon'ble the Apex Court, the appellant is at liberty to file a fresh complaint before the trial Court for the same cheque which was dishonored.

4. With the above observation, the instant petition stands disposed of.

Sd/- (Ram Prasanna Sharma) Judge Vasant