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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Rakesh Kainthla, J
Naresh Kumar – Appellant
Versus
Sandeep Kumar – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of complaint No. 193 of 2022, titled Sandeep Kumar vs. Naresh Kumar pending in the Court of learned Judicial Magistrate, First Class, Chopal, District Shimla, H.P. (learned Trial Court) (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint under Section 138 of the Negotiable Instruments Act ( in short N.I.Act) before the learned Trial Court to take action against the accused. It was asserted that accused No.1 Naresh Kumar represented to the complainant that he was a Director of accused No. 2 M/s NTS Online Services OPC Pvt. Ltd. The complainant agreed to online business through the accused. The complainant found subsequently that customers were not being provided with the required services. The complainant asked the accused to render the accounts and the accused admitted his liability to pay an amount of Rs.53,999/-. The accused issued a cheque of Rs.53,999/- in the discharge of his legal liability, which was disho
The notice under Section 138 of the N.I. Act must be issued within 30 days of receiving information about the dishonor of the cheque; failure to comply renders the complaint non-maintainable.
The court established that the date of receipt of the dishonor memo is excluded in calculating the notice period under Section 138 of the Negotiable Instruments Act.
The court established that in computing time limits under Section 138 of the NI Act, the first day is excluded and the last day is included.
The main legal point established in the judgment is the interpretation of the requirement of issuing legal demand notices within 30 days of receiving information about the dishonor of the cheques, as....
The cause of action for filing a complaint under Section 138 arises after 15 days from the service of the demand notice, not from the notice itself.
A complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the statutory notice period, which affects the cause of action.
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