SUDHEER KUMAR AND ANOTHER Vs. MAHENDRA KUMAR AGARWAL

JUDGEMENT

(1.) This misc. petition under Sec. 482 Criminal Procedure Code has been preferred against the order dated 10.5.2007 whereby cognizance has been taken against the present petitioner for the offence under Sec. 138 of the Negotiable Instruments Act in violation of statutory provisions contained in Sec. 138(C) and 142(B) of the Act and application filed by the petitioner for recalling the impugned order was also dismissed and hence this petition filed for quashing the whole proceedings.

(2.) The facts as stated in the petition are that the petitioner gave six blank cheques to the complainant, which were misused by the complainant. The complainant presented the cheque bearing No. 155083 to 155088 dated 29.5.2001 before the Jaipur Central Cooperative Bank, which was dishonoured with the remark "insufficient fund". On 13.6.2001, the complainant issued a legal notice to the petitioner to make payment of cheque amount and again these cheques were presented to before the bank and same were dishonoured with the remark "insufficient fund" on 22.11.2001 for which again the complainant issued legal notice to the petitioner on 5.12.2001. The complainant-respondent did not file any complaint after the expiry of statutory period prescribed under Section 138(B) and 138(C) and Sec. 142 of the Act and time barred cognizance has been taken by the Magistrate and hence this petition.

(3.) The only contention of the present petitioner is that once notice has been given to the present petitioner on 13.6.2001, second notice could not give any fresh cause of action.