YOGINDER KUMAR SHARMA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) In this petition under Section 482 of the Criminal Procedure Code (hereinafter referred to as "the Code") the petitioner has been praying to quash the complaint case titled "ASHOK KUMAR SHARMA versus YOGINDER KUMAR SHARMA" pending in the Court of learned Metropolitan Magistrate, Karkardooma Courts, Shahdara, Delhi.

(2.) As against this, it is submitted by Mr.A.K.Verma, learned counsel for the respondent that the telegram dated 30.3.1994 cannot be regarded as notice within the meaning of clause (b) of proviso to Section 138 of the Act of the Act since it is beyond the period of 15 days, as contemplated in clause (b) -of the said provision; that the cheque was again presented on 16.8.1994 and notice under clause (b) of proviso to Section 138 of the Act was issued on 24.8.1994 and the complaint filed on 20.9.1994 and that it is open to the complainant to present the cheque as many times as he wants within the validity period and that the cause of action for the purpose of prosecution under Section 142 of the Act would arise only when there is refusal or failure to make the payment in response to the notice under clause (b) of proviso to Section 138 of the Act.

(3.) It will be seen from the above that the moot question involved in this petition is whether the telegraphic demand of the amount covering the dishonoured cheque can be regarded as a notice within the meaning of clause (b) of proviso to Section 138 of the Act or not.