GERMAN REMEDIES LIMITED Vs. HARISH C DUGGAL AGENCIES

JUDGEMENT

(1.) This Criminal Revision Application, under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against and dismissing the complaint under Section 138(b) of the Negotiable Instruments Act(here inafter referred to as "the Act").

(2.) It is suggested from the record of the court below that complaint under Section 138 of the Act came to be filed by complaint German Remedies Limited, a company, where in accused No. 1 to 3 were summoned by the court of learned Metropolitan Magistrate for the offence punishable under Section 138 of the Act. The accused gave an application under Section 245 read with Sections 258 and 259 Cr.P.C. for discharge. It is contended before the trial court that the summoning of the accused was not justified as there was no legal notice after the dishonour of the cheques requiring the drawer of the cheques to make the payment in respect of dishonoured cheques within 15 days and that the alleged notice dated 14.9.1993 is just a business letter requiring the accused person to make the payment against the outstanding bills; that the alleged notice is not a notice within the meaning of Section 138 of the Act. The learned Magistrate accepting the contention of the accused, granted the application and dismissed the complaint u/s 138 of the Act, discharged the accused. It is this order which is sought to be revised in this petition by the complainant.

(3.) It is submitted by Mr.Raina, learned counsel for the respondents-accused persons, that in notice the requirements of Section 138(b)(c) of the Act have not been complied with.