AVTAR SINGH Vs. ACCOUNTS OFFICER TELEPHONES REVENUE

JUDGEMENT

(1.) - By this petition, I propose to dispose off Crl. Misc. Nos. 3477-M of 1994, 3795-M of 1994, 3799-M of 1994 and 3797-M of 1994. The facts have been taken from Crl. Misc. No. 3797-M of 1994.

(2.) THIS petition under Section 482 Cr. P. C has been filed for quashing of the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short the 'act')and the order of framing of the charge dated 5th January, 1994.

(3.) THE petitioner who is a subscriber of Telephone No. 24971 provided by the re-spondent-deartment, was in arrears of a huge amount of outstanding telephone bills and, as a matter of concession, was allowed to make the payment in instalments. He accordingly, issue two cheques bearing numbers OKF 716192 dated 3. 5. 1991 for Rs. 15,2137- and QKF 716192 dated. 26. 6. 1991 for Rs. 11. 453/- drawn on the Punjab national Bank, Lawrence Road, Amritsar, in favour of the respondent Department. It is the case of the petitioner that the cheques were tendered for payment within six months as required by section 138 of the Act but though no written advice under registered cover had been received from the Punjab National Bank with regard to the fact of the cheques yet the respondent was advised verbally on 18th July, 1992 that the cheque had not been honoured on account of insufficient of funds. Notice was thereafter issued to the petitioner on 11th July, 1992, by registered cover on the given address of the petitioner. It is further the case of the respondent that no reply had been received from the petitioner nor the amount tendered within 15 days thereof, as provided by section 138 of the Act. On the basis of the complaint the petitioner has been summoned to stand trial.