LAWS(P&H)-2002-8-97

RAHUL JAIN AND ANR. Vs. ALSTOM LTD.

Decided On August 06, 2002
Rahul Jain And Anr. Appellant
V/S
Alstom Ltd. Respondents

JUDGEMENT

(1.) THE petitioners seek quashing of a complaint dated March 1, 2001 (annexure P1) filed by Alston Ltd. through R. D. Pandey, an authorised attorney, the respondent -complainant against the petitioners under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") and all consequential proceedings taken therein.

(2.) THE complaint -company had filed a complaint dated March 1, 2001, in the Court of the Chief Judicial Magistrate, Chandigarh under Section 138 of the Act on the allegation that the petitioners had issued a post -dated cheque No. 723509 dated December 11, 2000, for Rs. 50,988 drawn on Canara Bank, Hisar in favour of the complainant. The said cheque was presented to the aforesaid bank for encashment which was dishonoured vide memo dated January 3, 2001, with the remarks "payment stopped by drawer". Thereafter, a notice dated January 19, 2001, was sent to the petitioners through registered post as well as UPC on January 22, 2001. The petitioners failed to make the payment, therefore, the complaint was filed in court. Aggrieved by the filing of the complaint, the present petition has been filed on the allegation that though the complainant, had made reference to the cheque for the amount of Rs. 50,988 in the complaint in the notice served upon the petitioners the claim had been made for an amount of Rs. 51,530. The legal notice dated January 19, 2001 (annexure P2) being illegal, the complaint deserves to be quashed.

(3.) I have heard counsel for the parties at length.