SANDEEP KUMAR Vs. RAM KISHAN YADAV

JUDGEMENT

(1.) Sandeep Kumar filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") in regard to cheque Nos. 713776 and 713777 of Rs. 5,00,000/- each alleged to be issued by the respondent in discharge of his legally enforceable liability as the aforesaid cheques got dishonoured on their presentation to the bank with the remarks "insufficient funds" and the respondent failed to make payment of the cheque amounts despite receipt of legal notice.

(2.) The learned trial Court after securing presence of the respondent issued notice of accusation only in respect of cheque No. 713777 whereas proceedings in respect of cheque No. 713776 were dropped on the premise that notice dated 25.2.2010 issued by the petitioner in respect of both the cheques was beyond the period of one month from the date the petitioner received intimation with regard to dishonour of cheque bearing No. 713776. The order passed by the trial Court was challenged in revision which did not find favour with the revisional Court.

(3.) Counsel for the petitioner contends that even if the petitioner had failed to issue notice within the prescribed statutory period, the respondent still had the liberty to pay the cheque amount within a period of 15 days from the date of receipt of notice from the Court in the complaint and the complaint would have been dismissed by the trial Court if the accused had discharged his liability qua the cheque amount. It is further submitted that the mere fact that the notice in regard to dishonour of cheque No. 713776 was not issued within a period of one month from the date of intimation of dishonour of cheque, is not sufficient to drop the proceedings against the accused. In support of his contention, he has referred to judgment of Hon'ble the Supreme Court of India in C.C.Alavi Haji vs. Palpetty Muhammed and another, 2007 3 CivCC 1.