ROSHANLAL GUPTA Vs. RAMSWAROOP VISHWAKARMA

JUDGEMENT

(1.) Petitioner-Accused has filed this M.Cr.C. under Section 482 of Criminal Procedure Code to quash the order dated 10/07/2018 passed in complaint case No. 1580/2014 by Judicial Magistrate First Class, Rewa.

(2.) Facts of the case, in brief, are that, respondent-complainant filed a Criminal complaint under Section 138 of Negotiable Instruments Act read with Section 420 of IPC. Case was registered under Section 138 of Negotiable Instrument Act and it is mentioned in the complaint that respondent-complainant gave Rs. 25,000/- to the petitioner-accused and petitioner-accused gave him a cheque of Rs. 25,000/- on 28/11/2013. This cheque was presented in the Bank but it was dishonoured and it was informed on 20/12/2013 that cheque was dishonoured due to lack of funds. Thereafter complainant-respondent sent a notice on 20/01/2014 to the petitioner-accused. Notice was served on 22/01/2014 but petitioner-accused did not pay any amount. Then respondent-complainant filed a criminal complainant under Section 138 of Negotiable Instrument Act and Section 420 of IPC.

(3.) Petitioner accused appeared before the trial court and he submitted an application under Section 138 (2) of Negotiable Instrument Act on 09/08/2017. It is mentioned in that application that respondent-complainant did not give notice within 30 days from the date of intimation of dishonoured of cheque, so basic requirement under Section 138 clause (b) of Negotiable Instrument Act has not been complied with. So petition under section 138 of Negotiable Instrument Act is not maintainable and the same be dismissed.