LAWS(KAR)-2018-5-136

SMT SWETHA Vs. NIRANJAN N YELIGAR

Decided On May 30, 2018
Smt Swetha Appellant
V/S
Niranjan N Yeligar Respondents

JUDGEMENT

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

(2.) The petitioner has called in question the cognizance taken by the learned Magistrate for the offence punishable under section 138 and 142 of the Negotiable Instruments Act against the petitioner on the basis of the complaint filed by the respondent under section >200 of Cr.P.C., 1973

(3.) The main ground urged before this court is that, the respondent has not complied with section 138 of the Negotiable Instruments Act. Precisely, it is argued that notice as contemplated under section 138(b) and (c) of the Negotiable Instruments Act has not been served on to the petitioner. And there is a specific averment in the complaint that notice has not been served on the accused.