SHUBHKARAN JAIN Vs. LEENA GOVIND BHATIA

JUDGEMENT

(1.) HEARD Mr.Kadam, learned Advocate for petitioner and learned Advocate for respondent No.1 - original complainant.

(2.) TWO submissions are canvassed by Mr.Kadam in support of the challenge to the order issuing process in a complaint instituted by first respondent against the petitioner and other accused alleging offence punishable under section 138 and 141 of the Negotiable Instruments Act.

(3.) HIS second submission is that there is an averment in the complaint that a notice was sent by R.P.A.D. calling upon the accused to pay sums under the dishonoured cheque. However, notice was returned with postal remark "Company closed. Court seal". In such circumstances, there cannot be any offence when the receipt of the notice is in dispute.