RAJEEV INDANI Vs. D VEERENDRA HEGGADE

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Cr. P. C. by the accused in C. C. No. 25389 of 1998 on the file of the Court of the XI Additional metropolitan Magistrate, Mayohall, Bangalore, seeking for quashing the above case registered against him by the order dated 6-10-1998 passed by the said Court.

(2.) ON the complaint filed by the respondent represented by his power of attorney against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1988 (for short, 'the Act'), the Trial court has taken cognizance of the offence and thereafter, recorded the sworn statement of the special power of attorney holder of the respondent and passed the impugned order dated 6-10-1998 ordering for registering the case against the petitioner for the offence under Section 138 of the Act. The said order is now challenged by the accused in the present proceedings.

(3.) THE learned Counsel for the petitioner vehemently contended that the complaint filed by the special power of attorney of the respondent in respect of the offence under Section 138 of the Act, is not maintainable in view of the mandatory provisions of Section 142 of the Act that no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque, notwithstanding anything contained in the ambit of the Code of Criminal Procedure, 1973. It is further contended by him that the notice of dishonour of the cheque issued by the petitioner, was given to him on 7-5-1998 though the intimation regarding the dishonour of the cheque has been received by the respondent on 22-4-1998. According to him, the said notice is not given within 15 days from the date on which the intimation of the dishonour of the cheque has been received by the respondent and on this ground also, the complaint filed by the respondent is not maintainable.