MR. UDAYA. K Vs. DHANANJAYA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and perused the records.

(2.) The short question that arises for consideration in this case is whether the notice under section 138 of Negotiable Instruments Act issued by the complainant was within time as prescribed under section 138(b) and (c) of the Negotiable Instruments Act, 1881. section 138(b) of Negotiable Instruments Act states as under;

(3.) Now coming to the factual aspects of the case, it is the contention of the complainant that, he has presented the cheque on 27.06.2014 bearing No. 121104 for Rs. 55,000/- and the same was dishonored on 02.07.2014 and intimation was given to him on 03.07.2014 and the notice was issued within 30 days i.e. on 01.08.2015. The trial Court in fact, taking into consideration the said intimation of the Bank was received on 02.07.2014. therefore, calculating 30 days from that date the notice which is issued on 01.08.2014 is held to be invalid. The same was concurred by the Revision Court.