LALIPUT KIDSWEAR LTD Vs. SIYARAM SILK MILLS LTD

JUDGEMENT

(1.) Heard learned Counsel appearing for the parties and the learned additional public prosecutor for the State. Parties to both the petitions are same.

(2.) In both the petitions, the petitioners are facing trial for the offences punishable under section 138 read with 141 of the Negotiable Instruments Act in a Criminal Case No. 1441/SS/2012 and 1442/SS/2012 in the court of Metropolitan Magistrate, 7th Court at Dadar.

(3.) The cheques have been dishonoured by the bankers of the petitioners on the ground that the account has been blocked by the Income Tax Authorities. I have gone through the letter issued to the Bank by the Income Tax Authorities. I find nothing in the letter which amounts to blockage of the accounts. More over during the course of arguments when a query was made by the Court as to whether the amount equivalent to the cheques amount was available in the bank account of the petitioners. There was no answer to the query of the Court. Moreover the offence punishable under section 138 of the Negotiable Instruments Act is not complete only on the dishonour of the cheque. It is completed when amount is not paid despite expiry of the notice period. It is an admitted position that the petitioners did not pay the amount despite the notice.