METLON INDIA PVT LTD Vs. ESTER INDUSTRIES LTD

JUDGEMENT

(1.) THE present petition has been filed by the petitioners assailing summoning order dated 23rd September, 2008 passed by learned Metropolitan Magistrate in a complaint under Section 138 of Negotiable Instruments Act.

(2.) THE sole ground argued before this court is that a demand notice under Section 138 N.I. Act should specify that the cheque amount should be paid within 15 days of receipt of notice whereas in the notice served by the complainant upon the petitioner payment of dishonoured cheque amount was demanded within 30 days instead of 15 days. It is stated that in view of this, the notice was bad in law and the summoning order should be quashed.