RAGHUVIR GOSWAMI Vs. NIRMAL THAKUR

JUDGEMENT

(1.) This revision petition seeks to challenge the order of the Additional Sessions Judge, New Delhi dated 11.02.2002, whereby the learned Judge has allowed revision petition against the summoning order dated 24.02.2001 on the ground that in the pre-summoning statement of the complainant he had mentioned that he had issued two notices.

(2.) The court on the basis of of the second notice being time barred has allowed the revision petition and dismissed the complaint. The facts of the case as noted by the Additional Sessions Judge are as follows:-

(3.) Counsel for the petitioner submits that there is nothing on record to show that the first notice has been sent under Section 138 of the Negotiable Instruments Act which is mandatory to put the process into motion. It is only the second notice which is a valid notice under Section 138 of the Negotiable Instruments Act and that is only that notice that could be taken note of. The first notice was no notice in the eyes of law as regards process under Negotiable Instruments Act.