VEDA VYASA Vs. SATIJA BUILDERS AND FINANCIERS LTD.

JUDGEMENT

(1.) THIS revision petition is directed against the judgment/order September 13, 1990 passed by Shri O.P. Gupta, Metropolitan Magistrate, whereby he dismissed the complaint filed by the petitioners under Section 138 of the Negotiable Instruments Act, as amended up-to-date.

(2.) BRIEF facts which led to the present petition are as under: that the petitioners herein are the landlords in respect of property bearing No. B-6, Diwan Shree Apartments at 30, Ferozshah Road, New Delhi, vide lease deed dated January 1, 1990 registered with the Sub-Registered on March 9, 1990. The petitioners are the trustees of Lal Diwam Chand Trust which is a public charitable trust with its Head Office at 2, Jain Mandir Road, New Delhi. They filed a complaint before the learned lower Court through one Shiv Raj Kishan Sareen, an attorney of the petitioners. As per clause 2, sub-clause II of the abovesaid deed accused no. 1 (hereinafter referred to as respondent No. 1) agreed to pay the rent for the period from July 1, 1990 to December 31, 1990 to the tune of Rs. 1,32,000/- on July 1, 1990. Accused No. 1 (hereinafter referred to as respondent No. 2 for the sake of convenience) drew a cheque for and on behalf of respondent No. 1 bearing No. 507264 dated July 15, 1990 drawn on Citibank, Connaught Place, New Delhi, to the tune of Rs. 1,32,000/- in favour of Lala Diwan Chand Trust, the complainant (hereinafter referred to as the petitioners). The petitioners presented the said cheque to their bank, Oriental Bank of Commerce, Connaught Place, New Delhi. The said cheque was returned to the petitioners unpaid on account of insufficiency of funds with the endorsement 'refer to drawer'. On receipt of the said dishonoured cheque the petitioners served the respondent with notice dated July 31, 1990. The petitioners by way of abundant caution also sent the notices through a messenger. The same were received by the respondent on August 3, 1990 and an acknowledgement to that effect was made in the Peon Book. The other notices sent through registered post have not been received back. Consequently, there is a presumption that they have also been delivered. The respondent failed to make the payment of the abovesaid amount within 15 days in the receipt of the notice. Hence, the respondents have committed an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'the Act'). Hence, arose the necessity for the institution of the complaint alluded to above.

(3.) AGGRIEVED and dissatisfied with the said judgment/order the petitioners have approached this Court.