V S THAKUR Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure quashing the complaint filed by respondent No. 2 against the petitioner under section 138 of Negotiable Instruments Act.

(2.) LEARNED counsel for respondent No. 2 states that Delhi Court has jurisdiction to try the complaint as the notice of demand was sent from Delhi and cheque in question was deposited with the bank of the complainant/respondent No. 2 in delhi.

(3.) THERE are five essential components of the offence under Section 138 of negotiable Instruments Act (i) drawing of the cheque, (ii) presentation of the cheque to the bank (iii) return of the cheque unpaid by the drawee bank, (iv)giving of notice to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of the receipt of the notice.