PRADYUT KUMAR MOHANTY Vs. DILIP SINGH MEHETA

JUDGEMENT

(1.) Learned counsel for the opposite party files the certified copy of the complaint, initial statement and the order-sheets in ICC No. 66 of 1999 of the Court of SDJM, Panposh at Uditnagar, Rourkela.

(2.) Heard further argument and the application u/S. 482, Cr. P.C. is disposed of in the following manner at the stage of hearing on admission.

(3.) The undisputed fact is that petitioner is the accused No. 2 and opposite party is the complainant in ICC No. 66 of 1999. The complainant instituted the said proceeding with the allegation of commission of the offence u/S. 138, Negotiable Instruments Act, 1881 (in short the 'Act') by the petitioner with respect to two cheques totally amounting to Rs. 2,80,000/- (Two lakhs and eighty thousand). According to the averment in the complaint and the initial statement of the complainant the said two cheques issued by the accused No. 2 on behalf the Company i.e. accused No. 1 were presented for payment in the concerned bank on 4-3-1999 i.e. within the period of validity of the cheques. On 18-3-1999 the complainant got the message from the Bank relating bouncing of the cheques on the ground that the accused had instructed for 'stopping payment'. Therefore, on 23-3-1999 complainant issued statutory notice as provided in clause (b) of the proviso to S. 138 of the Act. According to the complainant accused No. 2 regretted for the inconvenience and requested the complainant to present the cheques again in the first week of May, 1999. It is not clear from the averment in the complaint or the initial statement of the complainant as to whether there was written communication or verbal conversation in that respect. Be that as it may, the complainant again presented the cheques with the Bank on 11-5-1999 and it again bounced on 22-5-1999. Thereafter on 31-5-1999 petitioner issued a registered notice purported to be one under Clause (b) of the proviso to S. 138 and when the accused persons did not make the payment he lodged the complaint on 22-6-1999.