LAWS(HPH)-2009-11-5

RAMESH SACHDEVA Vs. SHAHBAZ KHAN

Decided On November 11, 2009
RAMESH SACHDEVA Appellant
V/S
SHAHBAZ KHAN Respondents

JUDGEMENT

(1.) -The petitioner herein was summoned as an accused in the complaint filed by the, respondent under Section 138 of the Negotiable Instruments Act (in short "the Act") thus, sought quashing of the proceedings against him on the ground that the complaint was barred by limitation, on the issuance of first notice of demand and the second notice would not give a fresh lease or cause of action to filed the complaint.

(2.) Heard and gone through the record of the case.

(3.) The facts relevant for the disposal of this petition can be stated thus: The respondent is alleged to have sold the accused/petitioner old fitting equipments and machinery for Rs. 95,000 and the petitioner/accused allegedly issued the cheque No. 433616 dated 4.5.2007 drawn on his account No. 628505009913 on ICICI Bank of Meerut Branch to discharge his liability.