FARHAN HASSAN KITAB Vs. TARIQ AHMAD HAJI

JUDGEMENT

(1.) The respondent is dealing with the business of wholesale footwear items with principal place of business at Qamarwari under the name and style of "New World Line Footwear". Petitioner is proprietor of a retail footwear shop being run under the name and style of "Catwalk" situated at Regal Chowk, Srinagar. Petitioner purchased the footwear's and issued 12 cheques on different dates bearing serial Nos. 12776350 to 12776361. The respondent presented the said cheques in Jammu & Kashmir Bank Ltd. Branch Office Residency Road, Srinagar. 11 Cheques bearing serial Nos. 12776350 to 12776360 were returned unpaid with memo. dated 06.01.2009 carrying endorsement to the following effect "not sufficient" whereas 12th cheque bearing serial No. 12776361 was returned unpaid with memo. dated 23.01.2009 carrying endorsement "not sufficient".

(2.) Respondent has issued notice of demand under Section 138 of the Negotiable Instruments Act (hereinafter referred to as NI Act) on 05.02.2009. When the amount was not paid, respondent filed a complaint of which cognizance has been taken and process issued. The said complaint, in view of non appearance of the parties, was dismissed on 31st May, 2011 but said dismissal order was challenged by the respondent by medium of a revision petition which has been allowed by the Court of 1st Additional Sessions Judge, Srinagar vide judgment dated 28.12.2011 holding therein that the complaint could not be dismissed for default for the reasons as recorded in the judgment. As a result thereof, complaint has been taken up for further proceedings by the trial court.

(3.) Petitioner by virtue of this petition filed under Section 561A, Cr.P.C. has projected that when the cheques were returned unpaid, the respondent was required to issue notice of demand within 30 days of the receipt of information by him from the bank regarding return of the cheque as unpaid. Admittedly the respondent had received information from the bank about return of 11 cheques bearing serial Nos. 12776350 to 12776360 on 06.01.2009, so notice of demand should have been issued up to 4th February, 2009. With regard to 12th cheque bearing No. 12776361, information regarding return of the cheque as unpaid, admittedly was received by the respondent on 23.01.2009.