RAJINDER PARSHAD SAINI Vs. AJAY KUMAR

JUDGEMENT

(1.) CRL Misc No. 4176 of 1997 : for the reasons mentioned in the application we condone the delay in filing Criminal miscellaneous.

(2.) CRIMINAL Misc. No. 82 MA of 1997 - Leave to appeal granted. We have heard the learned counsel for the parties and have perused to record. So far as non-issuance of the notice or filing of the complaint within 15 days from the date when the cheque presented was lastly dishonoured, is covered by the judgment in m/s. R. S. Traders v. Rita Khanna, 1997 (2) R. C. R. 736 : [vol. 2 DCTC 546]. In a recent decision it has been held by us that limitation of 15 days would start from the date when the cheque is last dishonoured when presented within its validity period. So far as findings of the learned Magistrate with regard to non-receipt of notice by the respondent herein are concerned, the said findings appear to be erroneous. It is the case of the petitioner that notice was actually sent to the respondent. Endorsement of the Postman is that even though he has made repeated attempts, but he could no find the respondent. This, in our view would not mean that notice was not sent. It may be mentioned that the notice was sent under Postal Certificate which has not been received back. It is presumed to have been delivered. Thus the order dated 12. 4. 1996 passed by the Magistrate is set aside and the case is remanded to the trial magistrate with the direction that the matter be decided on merits in accordance with law. Parties through counsel are directed to appear before the Magistrate on 26. 8. 1997. Petition allowed.