SAHIL FINANCE PATHANKOT 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 under Section 138 of the Negotiable Instruments Act, 1881 (for short the 'Act') was set aside and his complaint was dismissed.

(2.) THE short point involved in this revision is whether notice issued under Section 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.) AGGRIEVED by the aforesaid order, the accused respondents filed revision which was heard by Shri S.K. Garg, Addl. Sessions Judge, Gurdaspur who vide his order dated 28.3.1997 held that there was no illegality in this case on the count that notice under Section 138 (b) of the Act was served only on one accused but with regard to the other contention, relying on M/s Embee Textiles Ltd. and another Vs. Sadhu Ram, 1993 (Suppl) Civil Court Cases 106 , wherein notice was given directing the accused to make payment within 30 days was held invalid, held that notice sent by the complainant petitioner to the respondents accused giving only 7 days time to make the payment was not in accordance with the provisions of Section 138 (b) of the Act and on that account, the summoning order was held illegal and resultantly the complaint was dismissed.