NIRMALJIT KAUR
Rishi Pal Lakra – Appellant
Versus
State of Punjab – Respondent
Nirmaljit Kaur, J
This is a petition under Section 482 Cr.P.C for quashing of the complaint under Section 138 of the Negotiable Instruments Act (P1) as well as summoning order dated 20.04.2006 (P2) as also subsequent proceedings arising therefrom pending in the Court of Shri Sumit Ghai, learned Judicial Magistrate Ist Class, Chandigarh.
While praying for quashing of the complaint as well as summoning order, the only argument raised by the learned counsel for the petitioner was that from the perusal of para 5 of the complaint, itself, it is apparent that the first cheque was dishonoured on 24.12.2005 and the second cheque was dishonoured on 28.12.2005 and the third cheque was dishonoured on 13.01.2006 and the fourth cheque was dishonoured on 20.01.2006. As per own admission of the respondent, legal notice was issued to the petitioner on 27.01.2006. From the admission of the respondent itself, it is apparently clear that the notice under Section 138 of the Act is totally defective because as per the provisions of Section 138 (B) of the Act, the notice for dishonour of the cheque has to be given within 30 days from the receipt of information of dishonouring of the cheque. In t
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