ARTI MITTAL Vs. STATE

JUDGEMENT

(1.) THESE petitions under Section 482 of the Code of Criminal Procedure 1973 ('CrPC') seek the quashing of Complaint Cases bearing Nos.1238/07 titled Shri Gopal Kishan Sharma v. Amit Mittal and 1239/07 titled M/s. Krishna Transport Agency v. Amit Mittal under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') pending in the court of the learned Metropolitan Magistrate ('MM'), Delhi insofar as the petitioner is concerned.

(2.) THE Complaint No. 1238/07 was filed by the Respondent No.2 in respect of dishonour of two cheques bearing Nos. 592749 and 592752 dated 1st January 2007 drawn on Punjab and Sind Bank, Roshanara Road, Delhi in the sum of Rs. 2 lakhs and Rs. 1 lakh respectively.

(3.) THE above cheques when presented to the drawer?s bank were returned dishonoured with the remarks "funds insufficient". It is urged by learned counsel for the petitioners on the strength of the judgment of the Supreme Court in Shri Ishar Alloys Steels Limited v. Jayaswals NECO Limited AIR 2001 SC 1161 that the cheques were presented beyond the period of six months from their date to the drawer?s bank and therefore the offence under 138 NI Act is not attracted.