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2005 Supreme(Del) 655

MANJU GOEL
ZENITH FASHION MAKERS (P) LTD. – Appellant
Versus
ULTIMATE FASHION MAKERS LTD. – Respondent


Advocates Appeared:
D.C.MATHUR, D.K.Singh, K.K.MANAN, RAKESH MALHOTRA, VINIT MALHOTRA

Manju Goel,j.

( 1 ) COURTS are often accused of delaying disposal of cases. A peculiar question has cropped up in this case because a Metropolitan magistrate (in short m. M. ) has been too quick to take action on a complaint. The complaint under Section 138 of Negotiable Instruments Act was filed by the respondent for dishonour of two cheques No. 615385 dated 20. 7. 2003 of Rs. 8,00,000/- and No. 615387 dated 20. 9. 2003 of Rs. 3,00,000/ -. Both the cheques were dishonoured on account of insufficiency of funds. The return memo of the bank is dated 20. 9. 2003. The legal notice under Section 138 of Negotiable instruments Act was issued on 15. 10. 2003 through Regd. Post as well as through speed post. The postal acknowledgement card shows service on 18. 10. 2003. The complainant pleaded that the notices were duly received but no payment in respect of the dishonoured cheques was made within 15 days of the notice as was required by the law as well as by the notice. The complaint is presented on 31. 10. 2003. The Magistrate took cognizance on 31. 10. 2003 itself and directed issue of process on the same day. What is contended in this petition under Section 482, Cr. P. C. is that the n












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