BIMAL KUMAR KEJRIWAL Vs. INDIAN SEAMLESS FINANCIAL SERVICES

JUDGEMENT

(1.) THIS revisional petition is directed against the order dated 1st october, 1996 passed by Learned 12th Metropolitan Magistrate, Calcutta in Complaint case No. C-1629/96.

(2.) THE opposite party issued three cheques in favour of the petitioner. Before the cheques were presented, the opposite party requested the petitioner not to present the cheques and raised certain disputes. The petitioner presented the cheques and they bounced. Hence the petitioner filed a petition of complaint under Section 138 of the negotiable Instruments Act and also under Section 420 Indian Penal Code.

(3.) THE learned Magistrate rightly held that before the cheques are presented, if the drawee is duly informed by the drawer of the cheques not to present the cheques in the Bank for encashment, it does not amount to an offence punishable under Section 138 of the Negotiable Instruments Act. (See K. K. Sidhrthan v. T. P. Prasanna chandran, 1996 (2) SCC 465 : [vol. 2 DCTC 557].)