PURI INTERNATIONAL (P) LTD. Vs. RAM LAL BANSIWAL

JUDGEMENT

(1.) RESPONDENT has filed a complaint under Sec tion 138 of the Negotiable Instruments Act on the basis of a dishonoured cheque dated 20.3.2002 which was for a sum of Rs. 50,000/- drawn on Indian Oversees Bank. In the complaint filed by the complainant, it is al- leged that when the cheque was dishonoured, a legal notice dated 31.5.2002 was sent by the Registered AD/UPC by the complainant through their Counsel to the accused persons/petitioners herein, calling upon them to make payment within 15 days after receipt of this notice. The petitioners herein after receiving the summons in the said case moved application for their discharge which has been dismissed by the learned M.M. and the present petition is filed challenging the summoning order/quashing of the complaint.

(2.) THE contention of the learned Counsel for the petitioner is that after the dishonour of the cheque, respondent had served notice dated 29.4.2002 intimating about the dishonour of the said cheque and calling upon the petitioner to release the payment by cash or demand draft as early as possible'. It is the submission of the learned Counsel for the petitioner that this was the first notice of the dishonour of the cheque and complaint was to be filed within one month after expiry of 15 days of the receipt of this notice as that would have been the restarting of the cause of action. The factum of the aforesaid notice given is not disclosed in the complaint and the complaint is based on subsequent notice dated 31.5.2002 which is not permissible in law.

(3.) IT is not stated anywhere in this clause that notice of 15 days is to be given to the drawer. As per this provision what is required that intimation of dishonour of the cheque be given to the drawer of the cheque and the payee or the holder in due course of the cheque becomes entitled to file the complaint in case drawer of the cheque fails to make payment within 15 days of the receipt of this notice. Thus from the date of receipt of the notice, period of 15 days is allowed to the drawer of the cheque to make payment. There is no such requirement that this period of 15 days has to be stipulated in the notice.