DIAMOND INDUSTRIES Vs. ARORA STEEL

JUDGEMENT

(1.) THE petitioner firm (complainant) has filed this petition under Section 482, Code of Criminal Procedure (hereinafter referred to as the Code) for quashing order dated 30. 11. 2000 passed by judicial Magistrate, 1st Class, Chandigarh vide which its complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) has been dismissed on the ground that it has failed to serve notice upon the respondent-drawer within a period of fifteen days from the date of dishonouring of the cheque in question as required at the relevant time under Clause (b) of Section 138 of the Act. It is pertinent to mention here that this clause has been amended vide Act 55 of 2002 and the aforesaid period of fifteen days has been made as thirty days with effect from 6. 2. 2003.

(2.) IN this case, the respondent drawer was having business dealing with the petitioner firm. He purchased some electrical goods from it and in discharge of his liability issued a cheque dated 25. 3. 2000 (Ex. C1) for an amount of Rs. 40,000/- as part payment. It was an outstation cheque being drawn on Punjab National Bank, Ludhiana. The petitioner firm presented the said cheque with its Bank, namely Punjab and Sind Bank, Sector 40-C, Chandigarh which was sent for collection to the aforesaid Bank at ludhiana. However, the cheque was dishonoured and the Bank of the respondent-drawer at Ludhiana returned the dishonoured cheque to the Bank of the petitioner firm at Chandigarh vide memo dated 21. 9. 2000 (Ex. C2 ). On receiving the said memo the Punjab and Sind Bank at Chandigarh issued memo dated 3. 10. 2000 intimating the petitioner firm about the dishonouring of the cheque. With the said memo, the cheque as well as the memo issued by the Bank of the respondent-drawer were also annexed. After receipt of the said memo dated 3. 10. 2000, the petitioner firm issued notice dated 9. 10. 2000 (Ex. C3) upon the respondent-drawer, and when in response thereof, he failed to make payment, the petitioner firm filed the aforesaid complaint.

(3.) VIDE impugned order dated 30. 11. 2000, the learned Judicial magistrate dismissed the complaint, while holding that the petitioner firm did not issue notice to respondent-drawer within fifteen days from the date of dishonouring of the cheque, by taking the said date as 21. 9. 2000.