MRIUTHYUNJAYA AGRICULTURE STORE Vs. KAVERY DISTRIBUTORS PVT LTD

JUDGEMENT

(1.) IN this case the respondent served a notice under Section 138 of the Negotiable Instruments Act dated 27. 12. 2003 regarding dishonour of two cheques bearing No. 146366 and 146367 for Rs. 3,26,046/- and rs. 5,00,000/- respectively both dated 20. 09. 2003 drawn on State Bank of India, Saavanpur towards partial discharge of the debt by the petitioners to it which it is submitted were in discharge of their liability but both the cheques were dishonored when presented for encashment with the remarks "payment stopped". The notice issued by the respondent reads as under:

(2.) THUS, it is apparent that this notice had all the three ingredients which is essential for making it a notice under the provisions contained under Section 138 (b) of the N. I. Act and furnished a cause of action to the respondent for filing of a complaint once payment of the dishonored cheques was not forthcoming within 15 days of the receipt of notice. There is no dispute that the said notice was received by the petitioners who also sent a reply, though the reply is not on record.

(3.) THE respondent, instead of taking advantage of the cause of action which arose in their favour enabling them to file a complaint thought it appropriate to again present the cheques and when the cheques were again dishonored they served a notice dated 31. 03. 2004 informing the petitioner about the second dishonour. The said notice for the sake of reference is also reproduced hereunder: