DEEPAK NAGAR Vs. STATE AND ANR

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., the petitioner seeks setting aside of the order dtd. 24/11/2022 passed by learned M.M. (NI Act), Digital Court-03, South East District, Saket, vide which he has been summoned to face trial in Complaint Case NI Act 4900/2022, arising out of proceedings initiated under Ss. 138 of the Negotiable Instruments Act, 1881 (hereafter, 'NI Act').

(2.) The only contention canvassed on behalf of the petitioner is that legal notice was not issued to him within the period of 30 days as prescribed in Sec. 138 proviso (b), NI Act. In support of his submissions that the said period is not extendable, learned counsel for the petitioner has referred to Sec. 138 of the NI Act as well as demand notice and the pre-summoning evidence placed on record.

(3.) Learned counsel for the respondent No.2 however, has contested the petition by submitting that the issue as to whether the demand notice was issued within or beyond the period of 30 days is a matter of trial.