WANGYUTH KONYAK Vs. YADAV SALES

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner who is the accused in a complaint (Annexure P-2) titled M/s. Yadav Sales v. W. Wangyuh Konyak lodged for commission of offence under Section 138 of the Negotiable Instruments Act (for short The Act). Challenge is also to the proceedings pending as a consequence of the complaint before Addl. C.J.M., Rewari.

(2.) THE argument of the learned counsel for the petitioner in the context of the provisions of the Act is that the petitioner allegedly issued cheque bearing No. 172566 dated 16.11.2004 for a sum of Rs. 66,000/- drawn on State Bank of India, Parliment House, Sansad Marg, New Delhi (for reference the drawee bank) in favour of the respondent-complainant in discharge of legal liability. The cheque was presented by the respondent complainant in his account of HDPC Bank i.e. the collecting bank, Bahadurgarh for encashment on 13.05.2005.

(3.) THE respondent served a legal notice dated 30.06.2005. Payment was not made and hence complaint Annexure P-2 has been lodged. A pure question of law has been raised by the learned counsel for the petitioner that it was the duty of the complainant to present the cheque to the drawee bank within 6 months i.e. the State Bank of India. Learned counsel has referred to (2001(1) RCR(Crl.) 834 (SC) : (2001)3 Supreme Court Cases 609, Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd.