LAWS(J&K)-2009-3-34

GEORGE ANTONY Vs. TELCO CONSTRUCTIONS

Decided On March 12, 2009
GEORGE ANTONY Appellant
V/S
Telco Constructions Respondents

JUDGEMENT

(1.) RECALL of the order dated 07.05.2008 passed while disposing of petition under Section 561 -A Cr.P.C is sought.

(2.) COMPLAINT under Section 138 of Negotiable Instruments Act filed on 28.04.2005 before the Court of Judicial Magistrate, 1st. Class, (City Munsiff) and the cognizance taken thereon was sought to be quashed, same was declined vide order dated 07.05.2008.

(3.) THE ground projected for quashment was that the court had acted without jurisdiction. While repelling the contention projected, law laid down in the judgment reported in AIR 1999 SC 3762 was followed. Para 14 & 15 of the said judgment as quoted therein make it clear that the five acts which are the components of the offence under Section 138 of the Negotiable Instruments Act are: (1) drawing of the cheque, (2) presentation of the cheque to the bank (3) returning the cheque unpaid by the drawee bank (4) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make payment within 15 days of the receipt of the notice.