BALKRISHNA MAHESHWARI Vs. MEENA ALIAS CHAMAN JAIN

JUDGEMENT

(1.) THIS petition under Section 482, Cr. PC is filed by petitioner for quashing the order dated 6-5-03 passed in Complaint Case No. 434/03 pending in the Court of Additional Chief Judicial Magistrate, Jabalpur regarding registration of the complaint under Section 138 of Negotiable Instruments Act.

(2.) A complaint has been filed by respondent alleging that petitioner had issued the cheque amounting to Rs. 5 lacs vide Cheque No. 457860, dated 27-7-02 of State Bank of India Branch Miloniganj, Jabalpur in favour of respondent. The said cheque was deposited by respondent in her bank account, i. e. , Andhra Bank, Jabalpur on 30-7-02 which was returned unpaid by the Drawee Bank with instruction of stop payment. Then, again the respondent has submitted cheque in her Bank on 7-1-2003 and it was again returned on 8-1-2003. Being dissatisfied of this act, the respondent had issued legal notice on 5-2-03 by registered post A. D. which was received by petitioner on 7-2-2003. The cheque was dishonoured and in spite of notice being served, when no payment was made to her she had filed complaint before the Additional Chief Judicial Magistrate and after her statement learned Court vide order dated 6-5-03 had registered the case under Section 138 of Negotiable Instruments Act and issued notices/summons.

(3.) THE only ground pressed before me by Shri Greeshm Jain, Counsel for the petitioner that as per Section 138 (c) of the Negotiable Instruments Act if cheque is returned unpaid, the person who had issued the cheque shall be punished with imprisonment for a term which may extend to one year or fine but it is mandatory that the payee or the holder in due course of the cheque should make a demand for the payment of money by giving a notice in writing within 15 days from the receipt of information by him from the bank. In this case, respondent has received the information on 8-1-2003 but notice was issued by him on 5-2-2003. The notice was issued beyond mandatory period of 15 days, in view of violation of Section 138 (c) of Negotiable Instruments Act, no case should have been registered against the petitioner. Learned Counsel on behalf of the petitioner has requested that the order dated 6-5-03 passed in Complaint Case No. 434/03 pending in the Court of Additional Chief Judicial Magistrate, Jabalpur be quashed under Section 482 of Cr. PC.