SATYENDRASINGH SETHI Vs. LORDS GROUP HOUSING FINANCE LTD

JUDGEMENT

(1.) This arises out of a complaint filed by the first respondent a partnership firm alleging that a cheque for Rs.10 lakhs issued by the Respondent no. 2 on 1-4-1990 drawn on the Development Co-operative Bank Ltd. Andheri Branch being cheque No. 327854 in favour of the petitioner for an on behalf of the partnership firm, accused no.1. The cheque was presented on 30th July 1990 and it was dishonoured and returned with remarks payment stopped by drawer. It is further averred in the complaint that a notice has been sent for the provisions of sec. 138(b) of the Negotiable Instrument Act giving 15 days time to the petitioner. The said notice was served on the respondent and some of his partners through the peon of the first respondent, Vijay Chavan on 13th August 1990. Therefore, from the averments in the complaint, it is disclosed that a prima facie case is made out for having committed an offence under sec. 138 of the Negotiable Instrument Act.

(2.) No valid ground has been made out in the writ petition warranting interference by this court in the process issued by the learned Magistrate against the petitioner. I found there are sufficient materials made out in the complaint for satisfying the Magistrate that an offence under Sec. 138 of the Act has been disclosed prima facie.

(3.) In view of this no interference is called fro. The writ petition therefore fails and it is dismissed. No order as to costs.