KOHINOOR INTERNATIONAL Vs. SHUKLA (PROPRIETOR)

JUDGEMENT

(1.) CHEQUE bearing no. 136608 dated 20.07.2003 for an amount of Rs. 75,040/ - drawn at Corporation Bank Vasundhara Enclave New Delhi issued by respondent in favour of the petitioner. On presentation before the UCO Bank, Budshah Chowk, Srinagar for clearance, was received back on 19.11.2003 from the drawee bank alongwith a memo revealing not honoured for the reason "Account Closed".

(2.) FACED with this situation, petitioner issued a notice of demand for payment which was sent to respondents no.1 and 2 under postal receipt no. RLADA 3218 & 3219 dated 29.11.2003. Both the two registered covers were received back with the endorsement "Unclaimed" and "Company Closed". Respectively shown to have been returned back on 05.12.2003 and 01.12.2003. Petitioner after waiting for a period of twenty days lodged the complaint under Section 138 of Negotiable Instruments Act (hereinafter for short referred to "the Act")

(3.) LEARNED Magistrate after taking cognizance has issued the process as is clear from the interim order recorded on 22.12.2003. On 05.03.2004, scheduled date, bailable warrant has been ordered to be issued and case scheduled for further proceedings on 19.05.2004. On the said date has recorded "counsel for the appellant present. Heard, list on 19.06.2004 for orders." On 19.06.2004, impugned order has been passed.