R.D. Jindal Cotton Factory vs Surjeet Udyog, Kotkapura
2001 Latest Caselaw 821 Bom

JUDGMENT

H.S. Bedi, J.

1. The petitioner issued a cheque of Rs. one lac on October 26, 1992 to the respondent. The cheque was presented to the Bank for disbursement but the same was dishonoured and intimation to this effect was sent by the Bank to the complainant-respondent on February 24, 1993. The complainant-respondent thereafter issued a notice under Section 138 of the Negotiable Instruments Act (hereinafter referred to the "the Act") on July 28, 1993 for claiming the payment. This notice was duly served on the petitioner but the payment was not made. Acomplaint dated August 21, 1993 (Annexure P-W) was accordingly filed against the petitioner wherein he has been summoned. The present petition has been filed seeking quashing the proceedings on the plea that the notice for the repayment of the amount had been issued on July 28, 1993, though the information with regard to the dishonour of the cheque had been conveyed by the Bank on February 24, 1993 and as such the complaint was not maintainable in the light of the provisions of Section 142 of the Act.

2. The respondents were issued notice by this Court but they had refused to accept the notice. The facts given in the complaint have thus not been controverted. It is clear that the cheque had been retuned on February 24, 1993 and the notice under Section 138 of the Act had been issued after more than five months and was clearly beyond the time fixed under Section 138(b) of the Act. The complaint and the summoning order are accordingly quashed. A copy of this order be sent to the successor Court forthwith.