RAM KUMAR SHARMA Vs. OM TRADERS

JUDGEMENT

(1.) Learned counsel for the petitioner submits that as per contents of the complaint filed under Section 138 of the Negotiable Instruments Act, 1881, statutory notice under Section 138 (c) of the NI Act was issued by the complainant to the petitioner by registered post AD and UPC on 22.05.2010. However, a vague averment is made in the complaint that notice was served. Date of service of notice is not mentioned in the complaint. He further submitted that complaint was filed on 09.07.2010 after expiry of 45 days from the date of issuance of notice, therefore, complaint is time barred.

(2.) Section 138 and 142 of the Negotiable Instruments Act read as under:

(3.) As per proviso (b) and (c) of Section 138 of the Act demand notice shall be issued within 30 days of the information received from the bank regarding the return of cheque. Drawer of the cheque has to make payment of the cheque amount within fifteen days of the receipt of the demand notice. If payment is not made within fifteen days, cause of action would arise in favour of the complainant. Thereafter, complaint can be filed within one month of the date of cause of action arises.