Section-138 and  Penal Code, 1860


Whether the case is filed under the provision of Negotiable Instrument Act. 1881 the court below is not competent to take cognizance under the provision of general criminal law.

Negotiable Instrument Act, 1881 we do not find any barring clause or outstare clause or non-obstante clause in the said Act and where there is no non-obstante clause the jurisdiction of the court, constituted under the Code of Criminal Procedure cannot be taken away or barred.

Md. Moniruzzaman Vs. ANM Deydar-E- Alam & Ors. 10 BLT (HCD)-415 


In the instant case the cheque was presented to the bank after expiry of 6 months from the date of drawing of the cheque. So, obviously this case under Section 138 of Negotiable Instruments Act is not maintainable in view of the restriction imposed by proviso (a) to the said section.

Alhaj M.A. Majid Vs. Md. Abdul Molaleb 10 BLT (HCD)-459.