PRAGATI VENTURA PVT. LTD. Vs. JASMINE ROAD LINES

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed by the petitioner-M/s. Pragati Ventura Pvt. Ltd. seeking to challenge an order of cognizance dated 29.01.2008 passed by the learned S.D.J.M.(S), Cuttack in 1.C.C. Case No.64 of 2008.

(2.) Shorn of unnecessary detail it would suffice to note herein that opposite party-M/s. Jasmine Road Lines received payment of Rs.26,10,000/- towards its dues relating to supply of iron ore fines by way of cheque dated 03.12.2007 drawn on Axis Bank Ltd. The said cheque was duly deposited in the bank for clearance and when the same was dishonoured, a notice under Section 138 of N.I. Act was issued to the petitioner on 27.12.2007 demanding the cheque amount from the petitioner to be paid within 15 days of the receipt of the notice.

(3.) The petitioner's claim is that it received notice on 02.01.2008 but without waiting for the expiry of the 15 days period as mandated, the complainant-opposite party filed the aforesaid complaint case on 14.01.2008. It is submitted on behalf of the petitioner that the statutory period of 15 days notice is mandatory and only on the failure of the petitioner to make payment within 15 days thereafter, would give rise to cause of action for filing of the complaint. The present complaint having been filed before the 15 days period lapsed, the order of cognizance ought to be quashed.