CHETANI AUTOMOBILES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Respondent Nos. 2 and 3 issued a cheque amounting to Rs.1,50,000.00 to the applicant; applicant presented said cheque before the bank on 3/12/2015. The said cheque was dishonoured by bank, for insufficiency of funds and information regarding such dishonour was given to applicant, on 4/12/2015.

(2.) Applicant issued statutory notice in terms of proviso (b) to Sec. 138 of Negotiable Instruments Act, 1881, to respondent Nos. 2 and 3, on 4/1/2016, however, respondent Nos. 2 and 3 did not respond to the notice. Applicant, ultimately, filed a complaint before Learned Judicial Magistrate, 1PstP Kotdwar. Learned Magistrate, dismissed the complaint under Sec. 203 of Code of Criminal Procedure, 1973 on the ground that statutory notice was not given to drawer of the cheque, within 30 days of receipt of information from the bank.

(3.) Applicant challenged the order passed by learned Magistrate in a revision petition, which was dismissed by learned Sessions Judge, Pauri vide judgment dtd. 20/4/2018, by holding that statutory notice given by petitioner was after expiry of 30 days.