DHIRAJSINGH KALUSINGH Vs. SARDARSINGH LALJIRAM

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure seeking quashment of the order dated 10.1.2006 passed by the learned Judicial Magistrate, First Class, Sawer in Criminal Complaint No. 757/2004.

(2.) LEARNED Counsel for the applicant at the outset does not wish to press this Misc. Criminal Case. Prayer of the learned Counsel for the applicant is allowed. However, looking to the substantial question of law involved in this case, this Court feels it just and proper to decide the pure question of law viz. whether under Section 138 Proviso (c) of Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) it is necessary for the payee or the holder in due course of the cheque is required to mention the period of 15 days for payment of the cheque amount to the drawer in a statutory notice required to be sent by the payee or holder of the cheque as per provision under Section 138, Proviso (b) ? To resolve the controversy it would be apt to mention herein Section 138 of the Act with amended provisions:

(3.) THE learned Trial Court by the impugned order dated 10.1.2006 has not decided this issue and it appears that the same was not decided because the same prayer of the applicant was dismissed by the Trial Court against which, the applicant went up in revision before the learned Sessions Court and the same was dismissed. Therefore, the learned Trial Court dismissed the application on the ground of repetition and also held that the application was filed with mala fide intention and the learned Trial Court imposed cost of Rs. 200/- upon the applicant herein in this petition.