SUSHANT BAKSHI Vs. MANJU GHOSH

JUDGEMENT

(1.) To discharge the existing liability arising out of a Contract for Fabrication of a Pandal at Jammu, the Petitioner-Sushant Bakshi delivered Cheque dated 01.01.2004 for Rs. 50,000/- to the Respondent-Manju Ghosh. When presented for payment it was dishonoured.

(2.) Notice dated 23.03.2004 served by the Respondent on the Petitioner requiring him to pay the amount of the dishonoured Cheque, remained unheeded. The Respondent thereafter filed a Complaint against the Petitioner seeking his conviction and punishment for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(3.) Seeking condonation of delay, which had occasioned in filing the Complaint beyond the period prescribed under Section 142 of the Negotiable Instruments Act, it was stated in the Complaint that the Complainant's husband had met with an accident and her infant daughter taken seriously ill at Gurgoan, which had disabled the filing of the Complaint within the time prescribed therefore.