AUTO DONN Vs. JAI DURGA ENTERPRISES AND ORS.

JUDGEMENT

(1.) THE Appellant filed a complaint against the Respondents under Section 138 of the Negotiable Instruments Act, 1881, in short 'the Act', against the Respondents alleging that the Appellant being the sole proprietor of the firm M/s Auto Donn having its office and work at Kasauli Road, Parwanoo has been dealing in the business of supply of lubricants, mobile -Oils and other products.

(2.) IT is alleged that Respondent No. 2 Shri Neeraj Tuli, Proprietor of M/s Jai Durga Enterprises (Respondent No. 1) placed supply orders to the Appellant and pursuant to the said orders, the goods were being supplied to him and to discharge the liability, respondent No. 2 issued a cheque Ext.CW1/A dated 7.7.1997 of UCO Bank, Theog branch for a sum of Rs.45,000/ -. The cheque aforesaid was dishonoured, on the ground that the 'payment stopped by the drawer' as shown in Cheque returning memo Ext.CW2/B. The dishonouring of cheque was communicated to the complainant by his banker vide letter Ext.CW4/D dated 21.7.1997. Accordingly, he issued notice and as per endorsement of the postman, the Respondent refused to accept the same, hence he filed a complaint within the statutory period.

(3.) SHRI Balwant Kukreja, learned Counsel for the Appellant argued that the notice was sent in the name of Respondent No. 1 and there was No. need to send a separate notice to Respondent No. 2 as Respondent No. 2 being the sole proprietor of Respondent No. 1. Since he refused to take notice, as such, learned trial Court was not justified in dismissing the complaint on this sole ground.