TEXCO Vs. BATS APPARELS LTD & ANR

JUDGEMENT

(1.) The petitioner impugns order dated 22.04.2014 of the Revisional Court, whereby, the revision petition, filed by the respondent, impugning the summoning order dated 01.07.2011, was allowed and the complaint filed by the petitioner was dismissed on the ground that the statutory notice under section 138 of the negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), was issued belatedly.

(2.) The petitioner filed a complaint alleging that the respondents had committed an offence under Section 138 of the Act. The intimation with regard to dishonour of the cheque, issued by the respondent, was received by the petitioner on 23.12.2006 and the statutory notice under Section 138 of the Act was issued on 22.01.2007.

(3.) The contention of the respondents was that the notice was required to be issued within a period of thirty days whereas the notice had been issued on the 31st day.