INDERMAL PANNALAL JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners, accused in a proceeding under Sec. 138 of the Negotiable Instruments Act, 1881 (hereafter'NI Act', for short), are challenging the order of issuance of process on the following grounds:

(2.) Facts giving rise to the filing of the present petition relevant for the adjudication of the issue involved are as under:

(3.) Respondent no.2 filed a complaint before the learned Metropolitan Magistrate, 43rd Court at Borivali, Mumbai (hereafter'learned Magistrate', for short) alleging that he had sold polypropylene and towards satisfaction of the price of the goods, cheques in question have been issued. Both the cheques were dtd. 23/8/2014. The date of dishonor of cheque is 25/8/2014. The date of receipt of demand notice is 20/9/2014. Fifteenth (15th) day after the date of receipt of demand notice is 4/10/2014.