RAVINDER KUMAR MAHAJAN Vs. SOHAN LAL

JUDGEMENT

(1.) Petitioner-complainant has filed this revision against the order dated 6-3-1997 passed by Shri S. K. Garg, Addl. Sessions Judge, Gurdaspur whereby lower Court's order summoning the accused for an offence u/S. 138 of the Negotiable Instruments Act, 1881 (for short the 'Act) was sent aside and his complaint was dismissed.

(2.) The short point involved in this revision is whether notice issued under S. 138(b) of the Act specifying the period of seven days for making payment of the cheque amount can be said to be a valid notice under the said provision and on the basis of such notice whether complaint is entertainable in the Court of law.

(3.) The brief facts of the case were that respondent-accused issued a cheque of Rupees 53,400/- in favour of the petitioner-complainant on 15-8-1991. The complainant presented this cheque in the Bank which was dis-honoured and a note to that effect was issued to the complainant by the Bank on 10-2-1992. Thereafter, on 14-2-1992 the complainant gave notice to the respondent-accused asking him to return the amount and make the payment by 27-2-1992. The complainant filed a complaint under S. 138 of the Act against the respondent. In the complaint it was pleaded that he gave notice to the accused respondent specifying seven days period to make the payment of the amount mentioned in the cheque. When the accused-respondents were summoned by the lower Court, they filed an application under S. 258, Cr. P.C. praying that because of invalidity of the notice sent to them under S. 138(b) of the Act, the complaint is liable to be quashed and they are entitled to be discharged. It is also averred that notice was not served on one of the accused. The learned Sub Divisional Judicial Magistrate, Pathankot, vide his order dated 8-6-1995 dismissed the application.