HARISH KUMAR Vs. EXECUTIVE OFFICER MUNICIPAL COMMITTEE, BILLAWAR

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the complaint filed by the respondent bearing No. 01/2016 for commission of offence under section 138 of Negotiable Instrument Act, 1881 and 418 RPC which is pending before the court of learned Judicial Magistrate 1st Class Billawar (herein to be referred as trial court).

(2.) Mr. Sachin Gupta has raised only one ground that the cheque was presented beyond the period of limitation for presentation of cheque. The necessary facts as emanate from the complaint are that the petitioner herein, in order to discharge his liability in lieu of the contract Bid, issued two cheques bearing Nos. 5347061 dated 15.04.2015 for Rs. 1,61,000/- and 5347063 dated 31.10.2015 for Rs. 3,11,000/- each drawn from Jammu Central Co-operative Bank Branch Billawar. It is further averred in the complaint that the respondent herein presented the said cheques for its encashment, however, the same were returned by the banker of the petitioner with memo dated 19.03.2016 to the banker of the respondent with endorsement 'Insufficient Fund'. Thereafter, the respondent issued notice to the petitioner calling upon the petitioner to pay amount due to the respondent in lieu of the dishonoured cheques within fifteen days from the date of receipt of the said notice. As the petitioner failed to abide by the said notice, therefore, the respondent filed the complaint for commission of offence under section 138 of Negotiable Instrument Act 1881 and section 418 RPC.

(3.) Learned trial court vide order dated 12.05.2016 took the cognizance and issued the process against the petitioner only with regard to cheque bearing No. 5347063 dated 31.10.2015 for Rs. 3,11,000/-.