SHILPA A SURATWALA Vs. MONIKA DEVELOPERS PVT LTD

JUDGEMENT

(1.) Heard by consent.

(2.) A common question arises in these three petitions, viz., whether a notice of demand under Section 138 of the Negotiable Instruments Act, 1881, hereinafter referred to as the 'Act', is illegal because it specifies a period shorter than 15 days for making payment.

(3.) In all the three cases involved in these three Writ Petitions, the petitioners are the complainants who, in the notice of demand against the same respondent No. 1-firm, issued under Section 138 of the Act and demanded payment within 8 days of the notice. On the complaints, the Magistrate issued process. However, the respondent No. 1 preferred revisions to the Sessions Court. The Sessions Court vide judgements quashed the process on the ground that the notice of demand imposed a period of eight days on the accused which was not permissible. These Writ Petitions are preferred against those orders quashing the process.