VIJAY SINGH Vs. HINDUSTAN ANTIBIOTICS LTD

JUDGEMENT

(1.) By virtue of these Petitions under Section 482 of the Code of Criminal Procedure (Cr.P.C.), the Petitioner seeks quashing of the cognizance taken by the learned Metropolitan Magistrate ('MM') in four criminal complaints arising out of the dishonour of the four cheques which are tabulated hereunder:- <FRM>JUDGEMENT_278_ILRDLH23_2013_1.html</FRM>

(2.) It is admitted case of the parties that after the four cheques were dishonoured on account of 'stop of payments/insufficient funds' a legal notice under Section 138 of the Negotiable Instruments Act, 1881 (the Act) was served upon the Petitioner. The Respondent No.1 did not take any action in pursuance of the first notice. All the four cheques were presented for collection to the Bank of Punjab. The cheques were again dishonoured as intimated to the Respondent No.1 by memo dated 30.03.2001.

(3.) The short question for determination in these Petitions is, whether a fresh cause of action can arise on subsequent dishonour of the cheques and non compliance of the legal notice under Section 138 of the Act. In these cases, subsequent notices were sent by registered post to the Petitioner on 14.04.2001 and the same are deemed to be served on 17.04.2001. The cause of action for filing of the complaint arose after 15 days of the service, that is, on 02.05.2001. The instant complaints were filed on 29 th May, 2001.