GANESH DAS Vs. NARENDRA KUMAR

JUDGEMENT

(1.) Through this petition under Section 482, Cr. P.C. the petitioner seeks the quashment of the proceedings under Section 138, Negotiable Instruments Act, 1881 pending in the Court of Judicial Magistrate, Sumerpur.

(2.) Mr. Joshi pointing out that the complainant- respondent had not made a demand for payment of the amount of the dishonoured cheque by giving notice in writing within 15 days of the receipt of the information from the Bank, contends that cognizance could not be taken by the Magistrate under Section 138 Negotiable Instruments Act.

(3.) The learned Public Prosecutor though admits that notice of demand was not given within 15 days, yet contends that the Magistrate has condoned the delay, and therefore, the proceedings should not be quashed.