SWARAN MUNJAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These petition under Section 482, Cr.P.C. have been filed to quash the proceedings of complaint case Nos. 947 of 1998, 543 of 1998, 542 of 1998 and 946 of 1998, all pending in the Court of C.J.M., Agra under Section 138 of N.I. Act filed against the petitioners by respondent No. 2. All the complaints have been filed with similar allegations and these petitions involve the common questions for decision and therefore, are being disposed of by this common judgment.

(2.) I have heard Sri V. K. Singh, learned counsel for the petitioners in all the four cases and Sri K. K. Dwivedi, learned counsel for the respondent No. 2. The complaint under Section 138, N.I. Act have been filed by the respondent No. 2 against the petitioners with the usual allegations that the cheque issued by the petitioners were dishonoured and the amount of the cheque has not been paid in spite of the service of notice within fifteen days of the date of dishonour. That, therefore, the petitioners have committed an offence punishable under Section 138, N.I. Act.

(3.) It is contended by the learned counsel for the petitioners that criminality has been attached by Section 138, N.I. Act to the civil dispute. That, therefore, in order to fasten criminal liability on a person the requirement of the law has to be fully complied with. Learned Counsel for the petitioners has referred to Section 138 and it is alleged that the proviso (b) of Section provides that the notice of demand for the payment of the amount of the cheque should be given within fifteen days of the receipt of information from the bank regarding the return of the cheque as unpaid. It is contended that Clause (c) of the proviso of that section further provides for fifteen days time to the drawer to make the payment of the cheque, therefore, after the service of the notice the amount can be paid by the drawer of the cheque within fifteen days. That if the amount is paid within 15 days no offence under Section 138, N.I. Act is made out.