A R KUMBBAT Vs. PEEJAY RUBBER INDUSTRIES LTD

JUDGEMENT

(1.) As the parties and the issue involved are one and the same in both the petitions the following common order is being passed.

(2.) Whether return of a cheque with an endorsement "refer to drawer" will attract the penal provisions as contained in S.138 of the Negotiable Instruments Act.

(3.) Before deciding the above point the facts in both the cases may be mentioned. In Crl. M. C. 1270 of 1993 the petitioner issued a cheque for a sum of Rs. 38,200/- dated 6-9-1990 towards the purchase of tubes and it was returned with the endorsement 'refer to drawer'. On 26-11-1990 the statutory notice was sent, but the petitioner did not pay the amount and hence a complaint came to be laid against the petitioner for offence under S.138 of the Negotiable Instruments Act. In Crl. M. C. No. 1273 of 1993 the petitioner issued a cheque for a sum of Rs. 34,500/- dated 31-10-1990 towards the purchase of tubes and it was returned with an endorsement 'refer to drawer'. A statutory notice dated 8-12-1990 contemplated under the Act was issued to the petitioner, but the petitioner did not pay the amount and hence a complaint came to be laid against the petitioner for offence under S.138 of the Negotiable Instruments Act.