ANNAND MADHAVRAO SARNAAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) Respondent No.2 had fled criminal complaint bearing C.C.No.1484/SS/2014 under Sec. 138 of the Negotiable Instruments Act, 1881 against the petitioners. On the basis of the same, the process was issued against the petitioners. The petitioners have challenged the order of issuance of process on the ground that the notice under Sec. 138 (b) of the Negotiable Instruments Act, 1881 is without demand of the amount of dishonored cheque. It is contended that the notice issued by the respondents is bad in law because the same does not give rise to cause of action to them to fle a complaint. It is also contended that the process was wrongly issued by the trial Court and the same be quashed and set aside.

(3.) Notice was served upon the respondents/original complainants and they appeared through their counsel. The respondents have fled documents viz. the afdavit of evidence fled in the original complaint and the documents relied upon by the respondents viz. power of attorney, bill of exchange, letter by the accused, dishonoured cheque, bank memo issued by the bank, legal demand notice, receipt of UPC and the returned envelope.