ASHOK HARIT Vs. MUKESH GUPTA

JUDGEMENT

(1.) U. S. Tripathi, J. This revision has been directed against the order dated 16-1-1996 passed by 5ih Additional Chief Judicial Magistrate, Meerut in criminal Case No. 1442 ofl996summoningtheapplicantundersec-tion 138, Negotiable Instrument Act.

(2.) THE opposite party filed a com plaint against the applicant under Section 138, Negotiable Instrument Act with the allegation that the applicant had issued a cheque of Rs. 7,000/- on 25-6-1995 and another cheque of Rs. 10,000/- on 25-7-1995 in favour of opposite party in respect of arrears of security amount. THE said cheques were presented for encashment in State Bank of India, Begumpur Branch, Meerut. But the above Bank dishonoured the said cheques on 12-6-1995. THE op posite party sent notice to applicant on 17-8-1995 through registered A. D. post informing about the dishonour of cheques, but the applicant returned the said notice on 29-8-1995. On 5-9-1995 the opposite party personally went to applicant and in formed him about return of notice but he told that he had read over the contents of notice and he would pay the amount at an early date. THEreafter, the applicant did not pay the amount of cheques hence the complaint.

(3.) 1 have heard Sri L. P. Singh, learned Counsel for the applicant and Sri K. K. Arora, learned Counsel for the opposite party and perused the record.