Excelsior Correspondent
SRINAGAR, Feb 17: Sub-Judge/Judicial Magistrate 1st Class Chadoora Rajesh Kumar ID Abrol has dismissed a complaint filed under Section 138 of Negotiable Instrument Act.
The complaint was filed by Gh Rasool Najar, a resident of Brenwar against Nazir Ahmad Bhat of Namthal mentioning that the complainant was running a business under the name and style of M/s Samin Joinery Furniture House at Wathoora and accused person being a contractor purchased timber for an amount of Rs 1,09,675.
Out of this amount, Rs 50,000 was paid to the complainant and the remaining balance was promised to be paid within a period of one month. However, despite repeated requests the accused could not pay the outstanding balance.
Thereafter, the accused paid a cheque of Rs 35,000 but when the complainant approached the J&K Bank for encashment the cheque was dishonoured for which the complainant even issued legal notice to the accused. Thereafter, the complainant approached the court under Section 138 of Negotiable Instrument Act.
After hearing counsels for both the sides and examination of the file, Sub-Judge/JMIC Chadoora observed, “the cheque seems to have been dishonoured on April 28, 2014 but the notice was sent on May 3, 2014 as reflected from the receipt of Registered Post. It is clear from Section 138 of the Negotiable Instrument Act that the complaint would have been filed after the wait of 15 days as is mandatory under Clause C of the Section 138 of the Act”, adding “but the complainant filed the complaint on the 12th day from the date of issuance of notice”.
Quoting judgments of the Supreme Court, Sub-Judge observed, “the complaint appears to be pre-mature and no cause of action is said to be accrued to the complainant before the expiry of 15 days from the date of receipt of notice or from the date of issuance of notice”, adding “no commission of offence becomes complete before the expiry of 15 days from the date on which the notice was issued to the accused by the complainant”.
With these observations, court rejected the complaint.
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