DAVE PRUTHVISHKUMAR BHANUPRASAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners herein challenge the complaint lodged against them by respondent No.2 before the learned JMFC, Anand vide Criminal Case No : 6136 of 1996 under the provisions of 138, 141 and 142 of the Negotiable Insturments Act.

(2.) The facts in brief are that according to the complainant, the petitioners gave two cheques of Rs.40,000.00 each dated 1/07/1996 and 31st July, 1996. These two cheques were presented on 21st August, 1996 for encashment. The said cheques came to be returned on 2 3/08/1996. The petitioners were therefore served with a notice dated 4/09/1996. According to the petitioners, a notice could not have been received by them earlier then 6/09/1996 as 5th September, 1996 was a holiday on account of Janmasthami festival. The complaint came to be lodged on 20/09/1996, as a result, the complainant did not wait for completion of mandatory period of 15 days after service of notice which lodging the complaint and therefore, the complaint was premature and without cause of action.

(3.) Mr.H.M.Parikh, learned advocate for the respondent No.2 has given these details and has placed reliance on decision of Hon'ble High Court as reported in 1997 (3) Crimes page 294 and submitted that the Court may not technically interpret these requirements of Section 138.