SARDAR SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) ORDER :- This criminal reference is made on 12-2-1996 by the learned Sessions Judge, Jammu in a revision petition against the order dated 6-9-1995 passed by the learned Ist Additional Munsif (Forest-Magistrate), Jammu, whereby he has rejected the application holding the complaint maintainable filed under S. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).

(2.) The parties are brothers. The petitioner/accused issued a cheque on 18-4-1994 (for an amount of Rs. 47,000/- in favour of the complainant drawn on Jammu and Kashmir Bank Ltd., Town Hall, Jammu. The cheque on presentation through the Punjab and Sind Bank, Shalimar Road, Jammu, thrice on 19-7-1994, 18-8-1994 and 1-9-1994 was returned with an endorsement not sufficient. The respondent-complainant Karam Singh, served a notice on the petitioner making a demand to pay the amount within fifteen days from the receipt of the notice which was received by the petitioner on 16-9-94. Having not received the payment, the complainant filed a complaint under S. 138 of the Act before the Ist Additional Munsiff, Judicial Magistrate for prosecution of the petitioner.

(3.) The trial court took cognizance of the complaint and summoned the petitioner, who on his appearance before the court filed an application seeking to drop the proceedings on the ground that the complaint for prosecution of the petitioner has been filed within a period of 15 days as laid down under clause (c) of S. 138 of the Act and on the day the complaint was presented, the complainant has no cause of action to set the criminal law in motion against the drawer of the cheque petitioner herein. The trial court has dismissed the application holding that the cause of action has accrued to the respondent for prosecution of the petitioner.