RAJESH SARVAIYA Vs. NIKI CHEMICALS INDUSTRIES

JUDGEMENT

(1.) BY the instant petition under Section 482, Cr.P.C, accused petitioner seeks quashing of criminal complaint filed by M/s. Chemical Industries under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act of 1881' hereinafter) being Criminal Original Case No. 1517 of 2004 pending before Additional Chief Judicial Magistrate (Economic Offences), Jodhpur (for short 'the Trial Court' hereinafter).

(2.) I have heard learned Counsel for the petitioner. No one appears for the complainant-respondent though served.

(3.) LEARNED Counsel for the petitioner has relied on decision of Hon'ble Supreme Court in K.R. Indira v. Dr. G. Adinarayana, 2003 SCC (Cri.) 2002, wherein Hon'ble Supreme Court held that the legislative intent as evident from Section 138 of the Act is that if for the dishonoured cheque the demand is not met within 15 days of the receipt of the notice, the drawer is liable for conviction. If the cheque amount is paid within the above period or before the complaint is filed, the legal liability under Section 138 ceases to be operative and for the recovery of other demands such as compensation, costs, interest, etc. separate proceedings would lie. If in a notice any other sum is indicated in addition to the amount covered by the cheque that does not invalidate the notice: