1993 (4) TMI 333

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..... l Procedure Code for quashing the proceedings pending in the court of Shri J. P. S. Malik, Metropolitan Magistrate, New Delhi, pursuant to a complaint filed by the respondent wherein it is alleged that the petitioners have committed an offence punishable under section 138 of the Negotiable Instruments Act (hereinafter referred to the Act ). 2. Briefly stated the facts of the case are that the .....

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..... anded within the period stipulated in the notice, the respondent filed a complaint under section 138 of the Act. 3. After a perusal of the complaint and recording of the preliminary evidence, the learned Metropolitan Magistrate vide his order dated February 29, 1992, summoned the petitioners to appear on May 25, 1992, for an offence punishable under section 138 of the Act. On October 31, 1992, .....

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..... t failed to do so, its remedy has been lost. 2. Under section 138 of the Act, the punishment prescribed is imprisonment up to one year or fine which may extend to twice the amount of the cheque or with both and twice the amount of one cheque of the lowest amount comes to ₹ 45,175.50 but under section 29 of the Criminal Procedure Code, a First Class Magistrate is empowered to pass a senten .....

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..... he cheque and the cause of action for the complaint would arise only when pursuant to the dishonouring of the cheques, notice was issued within fifteen days of the dishonouring and there was refusal/failure to pay. Since the re-presentation of the cheques in the present case was within the outer limit prescribed and the notice was issued within fifteen days of the last dishonouring of the cheque, .....

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..... for the petitioners could not point out any prejudice to be caused to the petitioners by the filing of one complaint in respect of the dishonouring of 11 cheques. The petitioners will, however, be at liberty to raise this point before the learned trial court during the course of trial. 8. In view of the above discussion, I do not find any merit in this petition and accordingly the same is dism .....

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