PRADEEP KUMAR PATRA Vs. RADHAMOHAN PADHI

JUDGEMENT

(1.) The opposite party being the complainant filed a complaint case bearing I.C.C. Case No. 215 of 1999 before the court of the learned S.D.J.M., Bhubaneswar under Section 138 of the N.I. Act in which the learned Magistrate took cognizance by order dated 25.7.2000, which is sought to be challenged in the present application.

(2.) The fact as revealed from the complaint petition is that on 10.12.1998, the petitioner issued a cheque for Rs. 30,000/- in favour of the opposite party bearing cheque No. 749465 dated 10.12.1998 drawn on State Bank of India, C&I Division, Bhubaneswar, Main Branch towards payment of his personal debt. It is stated that the said amount had been borrowed by the petitioner from the opposite party on 13.08.1997 by executing a promissory note for the said value. After obtaining the said cheque, the opposite party deposited the same in Urban Cooperative Bank Ltd., Bhubaneswar and the Bank forwarded the said cheque for clearance, which was returned for non-clearance "due to insufficient fund". On 31.3.1999, the complainant-opposite party through his Advocate intimated the fact of non-clearance/non-encashment of the cheque to the petitioner by registered post with A.D. demanding for immediate payment within a period of fifteen days. It is further alleged that in spite of such notice the petitioner failed to pay the said amount within the stipulated period for which the opposite party-complainant filed the complaint petition vide Annexure-1.

(3.) This Court while entertaining this application, issued notice on 3.4.2003 through registered post with A.D. and after valid service of notice, the A.D. has been received back. But none appeared for the opposite party.