IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.55405-M of 2006

Date of decision: 7

th April, 2010

Vikas Goyal and another

… Petitioners

Versus

M/s India Dyes and Chemicals and others

… Respondents

CORAM:

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:

Mr. Roopak Bansal, Advocate for the petitioner.

Mr. Amit Rawal, Advocate for the respondents.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Present petition has been filed under Section 482 Cr.P.C.

seeking quashing of complaint No.12 dated 26.10.2002 (Annexure P-1)

under Section 138 of the Negotiable Instruments Act, 1881.

Counsel for the parties are in agreement that the Hon’ble

Apex Court in ‘C.C. Alavi Haji v. Palapetty Muhammed and another’

(2007) 6 Supreme Court Cases 555, has held that in case the amount of

cheque is paid by the accused at the time of appearance or before, the

plea cannot be raised that proper statutory notice was not served upon

the accused. In the present case, the amount of cheque, i.e. Rs.50,000/-

was sent by way of demand draft before institution of the complaint.

Criminal Misc. No.55405-M of 2006

The plea of the respondent that the amount was paid after

the mandatory period of 15 days, prescribed in the notice, was over is

no longer tenable in view of observations made in C.C. Alavi Haji’s case

(supra).

Be that as it may, since the amount of cheque has been

paid to the complainant before institution of the complaint and the

demand draft was encashed, proceedings arising out of impugned

complaint have become futile.

Hence, the present petition is allowed and the complaint,

along with all subsequent proceedings, is hereby quashed.

[KANWALJIT SINGH AHLUWALIA]

JUDGE

April 7, 2010

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