MAHENDRA AGARWAL Vs. GOPI RAM MAHAJAN

JUDGEMENT

(1.) THE facts giving rise to this petition under Section 482 Cr. P. C. are that a complainant under Section 138, Negotiable Instruments Act, 1881 (in short `the Act of 1881') was filed on behalf of the complainant-respondent in the Court of learned Judicial Magistrate, Kishangarhbas, District Alwar on 17. 7. 98 with the averments that two cheques respectively dated 18. 5. 98 of Rs. 70,192/- and dt. 22. 5. 98 of Rs. 66,800/- were issued by the accused-petitioner in favour of the complainant-respondent. THE cheque of Rs. 66,800/- was honoured while other cheque was returned unpaid for short of fund. THEreafter, the complainant sent notice dated 23. 6. 98 by registered post, which was received by the accused, but no payment was paid.

(2.) THE learned Magistrate after inquiry took cognizance vide order dated 15. 9. 98 under Section 138 of the Act, 1881. THE accused appeared before the trial court on 13. 8. 99 and on 21. 3. 2001, the substance of the offence was read over to the accused who pleaded not guilty and the case was fixed for evidence of the complainant. THEreafter, an application dated 2. 6. 2001 was moved on behalf of the accused petitioner making a prayer that no cause of action arose and the complaint was filed before expiry of 15 days after receipt of the notice, hence, the complaint should be dismissed. THE learned Magistrate dismissed this application vide order dated 23. 7. 2001. Hence, this petition.