RAJEEV GUPTA Vs. PREM SINGH

JUDGEMENT

(1.) The instant criminal revision petition stands directed against the impugned order(s) pronounced, on 14.07.2016, by the learned Magistrate concerned, upon a complainant instituted before, him, under Section 138 of the Negotiable Instrument Act, whereby he ordered for issuance of summons in vis-A?-vis the accused.

(2.) The learned counsel for the petitioner has contended with vigour, that, the summoning order is jurisdictionally vitiated, it, begetting infraction(s) of the . mandate of Section 138(c) of the Negotiable Instruments Act, 1881, provision whereof stand(s) extracted hereinafter:

(3.) The learned counsel for the respondent has relied, upon, a judgement of this Court reported in Latest HLJ-2009 (H.P.)649 rendered in case titled as Rattan Chand vs. Kanwar Ram Kripal and another, AND upon a verdict reported in Latest HLC 2010 (H.P)51 titled as Jaram Singh vs. Joginder Singh Parmar "AND" submits (i) that with the complainant concerned in consonance with the mandate borne therein rather on the day succeeding, the endorsement, made, by the Postal agency concerned proceeding, to institute the complaint (ii) AND the Magistrate concerned, entertaining, the complaint, whereas, even if the complaint was presentable only upon expiry of 15 days, since the evident service of statutory service, upon the accused,