Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
A.H. fashion karma Pvt. Ltd. – Appellant
Versus
State of Punjab – Respondent
Certainly! Please provide the legal document content or specify the key points you'd like me to analyze, and I will generate the requested summary with references accordingly.
JUDGMENT
HARPREET SINGH BRAR, J. (ORAL)
1. The present petition has been preferred under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘BNSS’) seeking quashing of complaint dated 03.08.2021 filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’) bearing COMA No.11698 of 2021 titled as ‘M/s Cotton and Blends Inc. vs. M/s A.H. Fashion Karma Pvt. Ltd. and Anr.’ (Annexure P-1), pending before learned Judicial Magistrate Ist Class, Ludhiana and all the subsequent proceedings arising therefrom.
2. Briefly, the facts, as alleged, are that respondent No.3 is in the business of manufacturing hosiery products. The petitioners approached respondent No.3 and requested it to supply t-shirts on credit basis of 45 days from the date of sale. The said material was supplied and six invoices were generated qua it, totaling to a sum of Rs.93,15,401/-. On 14.06.2021, the petitioners paid Rs.12,36,000/- and thus, Rs.80,79,286/- remained due. In order to discharge the said legal liability, the petitioners issued six cheques. The present complaint pertains to cheque bearing No.000476 dated 08.06.2021 of Rs.6,18,912/- drawn on Kotak Mahindra Bank, Jmd Regent
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.
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
The legal notice must demand only the cheque amount for the maintainability of a complaint under Section 138 of the NI Act, as per the interpretation of Proviso (b) to Section 138 of the NI Act.
The existence of a legally enforceable debt under Section 138 of the NI Act must be determined at trial, and factual disputes cannot be resolved at the pre-trial stage.
A cheque dishonoured for reasons such as 'referred to the drawer' is covered under Section 138 of the N.I. Act, but a complaint must be filed after proper service of notice and cannot be filed in the....
A statutory notice under Section 138 must specify the cheque amount correctly; ambiguity renders the complaint invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
