RAJWINDER KAUR Vs. YOGINDER SINGH SAGAR

JUDGEMENT

(1.) The present revision petition is directed against the order dated 10th September, 2008 passed by the learned Metropolitan Magistrate dismissing the complaint filed by the petitioner-Ms. Rajwinder Kaur under Section 138/142 of the Negotiable Instruments Act, 1881 (hereafter referred to as the Act, for short).

(2.) The impugned order dated 10th September, 2008 reads as under:- Present: Complainant with counsel. Arguments on the maintainability heard. In this case, the cheque was presented by the complainant for encashment which was returned back on 13.6.08 with remarks Insufficiency of Funds. Thereafter a notice was issued dated 17.6.08. After issuance of the said notice, the cheque was again presented on 7.7.08 which was again returned back with remarks Insufficiency of funds but no notice was issued to the accused thereafter as required by Section 138 of the N.I.Act and the complaint was filed. It is evident from the aforesaid that the provision of Section 138 and 142 of the N.I. Act have not been complied with in true spirit and the procedure adopted is contrary to the law. Hence, the complaint is not maintainable and is accordingly dismissed under Section 203 Cr.P.C. File be consigned to record room.

(3.) In the complaint it is stated that the petitioner had deposited a cheque of Rs.3 lacs issued by the respondent No. 1 in discharge of his debt and the same was presented for payment by the petitioner to his bankers but was returned back unpaid on account of insufficient funds in the account of the respondent No. 1 vide memo dated 13th June, 2008. Thereafter, notice dated 17th June, 2008 was issued by registered post with acknowledgement card but the respondent No. 1 did not make payment within fifteen days and has committed an offence under Section 138 of the Act. The complaint also states that the said cheque was presented for payment on 7th July, 2008 and was returned back unpaid vide memo dated 9th July, 2008.