NAROTTAM DAMODARDAS CHARADVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Gondalia, learned advocate for Mr.Lakhani, learned advocate appearing for the petitioner, Mr.Nanavati for respondent No.2 and Mr.Dave, learned APP for respondent NO.1.

(2.) Rule. Mr.Nanavati and Mr.Dave waive service of Rule.

(3.) The petitioner herein had issued a cheque to respondent NO.2 for Rs.17,000.00 on 15-10-1991 drawn on Junagadh District Co-operative Bank, Marketing Yard, Junagdh. The said cheque was deposited on 23rd November, 1991 which was dishonored by the Bank with an endorsement of insufficient fund. The respondent therefore, issued a notice to the petitioner under Section 138 of Negotiable Instruments Act. Thereafter, the said cheque was again deposited on 25/03/1992 and it was returned with an endorsement of insufficiency of funds, pursuant to which, a notice again came to be issued as envisaged under Section 138 of the Negotiable Instruments Act on 8-4-1992, which was received by the petitioner on 20th April, 1992 and because he did not respond to the notice, respondent No.2 lodged a complaint in question on 8-5-1992.