K K MOHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of instant petition under Sec. 482 Crpc, petitioner has challenged the order dated 2. 5. 2003 passed by the learned a. C. J. M. , Bali taking cognizance against him for the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) I have heard learned counsel for the petitioner and perused the impugned order dated 2. 5. 2003.

(3.) THE learned Trial Court found that a notice was given on 29. 9. 2001 but since there was no material as to when the notice was actually delivered to the petitioner, a presumption was drawn that it must have been served within a period of 7-8 days. As per the averments made in the complaint, if 7. 10. 2001 is taken as the date on which the notice was served, the complaint was filed within limitation on 22. 11. 2001. It is submitted by the learned counsel that in fact the notice was served on 4. 10. 2001. Petitioner has produced the photostat copy of the letter of the Post Master, bhiwani which indicates that notice was served on him on 4. 10. 2001. It is a disputed question of fact as to when the notice was actually served on the accused.