PAWAN KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rupak Chaubey, learned counsel for the petitioner, Sri Rajesh Tiwari, learned counsel for respondent no.2 and learned A.G.A.

(2.) This writ petition is directed against the orders of the courts below, whereby petitioner has been summoned for an offence under Section 138 of the Negotiable Instruments Act (in short "the Act") in Complaint Case no. 1409 of 2014 pending before the A.C.J.M (Court no.2), Varanasi.

(3.) A complaint under Section 138 of the Act was filed by respondent no.2 against the petitioner on 19.10.2010 alleging that a cheque dated 4.5.2010 for a sum of Rs.1,81,730/- was issued by petitioner in favour of respondent no.2, which he deposited in his account at Varanasi on 24.7.2010, was reported to be unpaid /dishonoured on 26.7.2014, but at the request of the petitioner, the said cheque was again presented by respondent no.2 to his banker on 4.10.2010, and again the same was reported to be unpaid/ dishonoured on 5.10.2010. It is alleged that a registered notice dated 8.10.2010 was sent by respondent no.2 to the petitioner, but for want of complete address, a fresh registered notice of demand was sent to the petitioner on 12.10.2010, as the same was not complied with, the above complaint was filed on 19.10.2010. The English translation of the order-sheet dated 19.10.2010 reads as under: