K.N.Sinha, J. - (1.) The above revision petitions have been filed against the judgment and order dated 2/11/2002 passed by the Additional Sessions Judge, Court No.VIII. Bulandshahr in Criminal Revision Nos. 190/2002, 201/2002,209/2002, 215/2002, 216/2002, 217/2002 and 255/2002, arising out of Complaint Case Nos. 55/2001, 54/2001, 56/2001,57/2001,58/2001, 53/2001 and 59/200 1, respectively filed by respondent No. 2 against the present revisionists.
(2.) The brief facts, giving rise to the present revisions, is that respondent No. 2 filed a complaint against the revisionists under section 138, Negotiable Instruments Act, 1881 (hereinafter referred to as Act) before the A.C.J.M. Court No. 3. Bulandshahr. The Magistrate, after recording the statement of complainant and the witnesses, passed order summoning the accused. The accused-revisionists appeared before the Magistrate and filed objection against the summoning order dated 14/5/2001. The Magistrate allowed the said objection and set aside the summoning order vide his order dated 30/4/2002. The respondent No. 2, complainant, filed the above revisions before the Sessions Court. Bulandshahr and all the revisions were allowed, setting aside the order dated 30/4/2002, directing the revisionists to appear before the Court of Magistrate for further proceedings.
(3.) The present revisions have been filed on the ground that lower revisional court has committed error of law in. holding that notices under section 138 of the Act were valid notice. The provisions of Section 138 of the Act lay down that cause of action arises when the payee makes a demand for payment of the said amount of money, by giving a notice, in writing to the drawer of the cheque, within fifteen days of the receipt of information by him, from the Bank regarding dishonour of the cheque. In the notice under question the date of dishonour of cheque is 12/11/2000 and its information is 14/11/2000. Therefore, a notice of demand of dishonour of a cheque ought to have been given within 15 days from the date of such dishonour of the cheque. In the present case, the notice was given on 21/12/2000, which is beyond the period of 15 days from 14/11/2000. Thus the notice was invalid and complaint cannot proceed. The learned Sessions Court has taken an erroneous view against the established position of law.;