B K SARKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. P. P. Majmudar, learned Advocate waives service of rule on behalf of respondent No. 2. Mr. K. T. Dave, learned APP waives service of rule on behalf of respondent No. 1.

(2.) BY way of this application under Section 482 of the Criminal Procedure Code, the petitioners "original accused have prayed for an appropriate order to quash and set aside the Criminal Case being No. 5062005 pending in the Court of learned Chief Judicial Magistrate, Surendranagar under Section 138 of the Negotiable Instrument Act ('n. I. Act' for short ).

(3.) A criminal case has been filed by respondent No. 2 " original complainant in the Court of Chief Judicial Magistrate, Surendranagar against the petitioners under Sections 138 read with Section 142 of the N. I. Act alleging inter-alia that the petitioners have given cheque No. 131423 dated 08. 01. 2005 for an amount of Rs. 2,37,160 -. The said cheque was deposited in the Bank and same was returned by the Bank by written memo dated 19. 01. 2005 with an endorsement 'insufficient funds'. It is the case on behalf of the complainant in the complaint that the original complainant received intimation with regard to the return of the cheque vide communication dated 22. 01. 2005 and statutory notice was send to the accused persons on 22. 02. 2005 by RPAD as well as by UPC. Said notice was received andor served upon the accused persons on 01. 03. 2005 and accused persons gave evasive reply vide reply dated 11. 03. 2005. It is further averred in the complaint that as the petitioners' contract work was in progress at Palanpur one day delay has been caused in giving notices. Therefore, it is requested to condone the delay of one day. Learned Chief Judicial Magistrate, Surnedranagar vide order 02. 04. 2005 issued summons upon the petitioners for the offences punishable under Section 138 of the NIAct by condoning the delay of one day in issuing the notice as contemplated under Section 138 (b) of the NIAct. Being aggrieved and dissatisfied with the order passed by the learned Chief Judicial Magistrate, Surendranagar in issuing the summons upon the petitioners under Section 138 of the NIAct by condoning delay of one day in issuing notice as contemplated under Section 138 of the NIAct, the petitioners " original accused have preferred the present application under Section 482 of the Cr. P. C.