SANTOSH Vs. GUPTA BRASS PARTS CO

JUDGEMENT

(1.) This petition is directed against the order of the Metropolitan Magistrate dated 4th January, 2003, whereby the learned Metropolitan Magistrate has held that the period of 15 days after receipt of notice of demand is to be calculated with respect to the payment received by the holder of the cheque.

(2.) The facts of the case are that the notice of demand dated 20th July, 2001 was dispatched by the counsel of the complainant on the same date and as per the A.D. Card Ex.CW1/7, it was received by the accused on 23rd July, 2001. The accused prepared a demand draft on 6th August, 2001 and put into the post along with covering letter dated 13th August, 2001, which was then received by the complainant on 17th August, 2001.

(3.) Counsel for the petitioner argues that the interpretation by the learned Magistrate is faulty for in the event payment is made by demand draft or cheque, the date on the instrument of repayment is relevant and not the date of receipt of payment by the holder of the cheque. That is to say, if the cheque or demand draft on account of discharge of notice of demand is dated within 15 days of receipt of notice of demand, limitation would stop running.