MOOL CHAND GARG, J.(oral)

1. In this case the respondent served a notice under Section 138 of the Negotiable Instruments Act dated 27.12.2003 regarding dishonour of two cheques bearing No. 146366 and 146367 for Rs.3,26,046/- and Rs.5,00,000/- respectively both dated 20.09.2003 drawn on State Bank of India, Saavanpur towards partial discharge of the debt by the petitioners to it which it is submitted were in discharge of their liability but both the cheques were dishonored when presented for encashment with the remarks “payment stopped”. The notice issued by the respondent reads as under:

“Sub: Notice under Section 138 of Negotiable Instruments Act read with Section 420 of Indian Penal Code. On the instructions of my client M/s Kavery Distributors Private Limited, having its office at 309, Inderjit Singh Palace, Delhi Gate Bazar, New Delhi-110002, through its office Mr. Anil Gupta, who has placed all the relevant documents and record before me, I hereby serve upon you the following legal notice.

1. That my client above named have been supplying inter alia Di-Ammonium Phosphate (DAP in short) to you from time to time. The payments were always made on account which has