UMESH TANDON Vs. INDIAN TECHNOLOGICAL PRODUCT

JUDGEMENT

(1.) This petition is for quashing of criminal proceedings i.e. complaint filed by the respondent for alleged commission of offences under Sections 138/141 Negotiable Instruments Act (hereafter referred to as "the Act").

(2.) The complainant had alleged that the petitioner accused issued a cheque for Rs. 25482/- on 14.6.2000. It was dishonoured upon presentation in the normal course of business. It was again presented on 28.6.2000 but not honoured. On the third occasion, it was presented on 5.9.2000 and dishonoured on 7.9.2000. The dishonour memo was issued on 14.9.2000 and the complainant issued a legal notice in terms of Section 138 on 21.9.2000. It is also undisputed fact that on 16.11.2000, after issuance of the notice and non-compliance with its terms, the complainant presented the cheque a fourth time allegedly on request of the accused petitioner. This time too the cheque was returned and a second notice was issued before the complaint was filed.

(3.) After process was issued by the trial court, the petitioner filed an application enclosing the copy of the previous notice issued on 21.9.2000. That was admitted by the complainant. The present petition is premised on the ground that after having issued legal notice issued on 21.9.2000, the complaint ought to have been filed within the stipulated period, namely, 30 days from the date of receipt. It is contended that the notice was received on 23.9.2000. It is contended that the cause of action was lost and that the fourth presentation of the cheque and the subsequent notice did not permit the filing of the complaint.