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SAURABH BANERJEE
Samkia Enterprises – Appellant
Versus
Ranjeet Begwani – Respondent
JUDGMENT
Saurabh Banerjee, J. - The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 [CrPC] seeking quashing of the Complaint Case being CT Case No.3301/2017 titled as Ranjeet Begwani v. M/s Samkia Enterprises & Ors., filed by the respondent/ complainant against the petitioners/ accused under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 [NI Act], pending before the learned Metropolitan Magistrate (NI Act) West-04, Tis Hazari Courts, Delhi [learned MM].
2. As per the facts, on 14.12.2016, the petitioner nos.2 and 3, on behalf of all the petitioners, had handed over to the respondent four post dated cheques being cheque no.069291 dated 15.12.2016 for Rs.4,00,000/-, cheque no.069292 dated 15.01.2017 for Rs.4,00,000/-, cheque no.069293 dated 15.02.2017 for Rs.4,00,000/- and cheque no.069294 dated 15.03.2017 for Rs.4,50,000/-, collectively for an amount of Rs.16,50,000/, all drawn on Oriental Bank of Commerce, Old Rajinder Nagar Branch, Delhi. Upon immediate presentation of the first cheque, bearing no.069291 dated 15.12.2016 for Rs.4,00,000/- by the respondent, it was returned dishonoured for the reason "Payment Stoppe
The explanation given in the complaint itself constituted sufficient cause for condoning the delay in instituting the complaint, and the complaint was not barred by time.
The main legal point established in the judgment is that the explanation given in the complaint itself can constitute sufficient cause for condoning the delay in instituting a complaint under Section....
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
Strict compliance with the notice of demand under Proviso (b) to Section 138 of the NI Act is essential, and any demand in excess of the cheque amount without specifying the reason for the excess dem....
The legal point established is that the liability under Section 138 of the NI Act arises only when the drawer receives a notice and fails to make the payment within the time provided by the Statute.
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
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