UNITED CREDIT LIMITED CALCUTTA Vs. AGRO SALES INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The complainant is the appellant before us. A complaint having been filed Under Section 138 of the Negotiable Instrument Act. The Magistrate dismissed the complaint holding the notice itself to be invalid as the notice contained not only the amount covered by the cheque but also some other amount towards interest and costs. The complainant moved the High Court by filing a revision petition and the High Court having dismissed the same, the complainant is before us.

(3.) The question for our consideration, therefore, is whether the impugned notice can be held to be invalid merely because the notice contained some amount towards interest and cost separately after indicating the amount covered by the cheque which stood bounced. This question has already been answered by this Court in the case of Suman Sethi v. Ajay Kr. Churiwal and Anr. [jt 2000 (1) SC 493].