Abhai Kumar, J. - (1.) This petition has been preferred against the order of summoning in Case No. 2197 of 2009, under Section 138 of Negotiable Instruments Act (Hereinafter referred to as the "Act"), whereby applicant has been summoned on the ground that cheque that was received from the applicant in favour of opposite party no. 2 was dishonoured. A notice was sent to the applicant, same was refused and payment of cheque has not been made.
(2.) The contention of the learned counsel is two fold. First of all it is argued by the learned counsel for the applicant that notice has never been served upon the applicant and he never refused any such notice.
(3.) From the averment of complaint, it can be said that certain notice is said to have been issued but no receipt regarding the sending of notice has been annexed. Although, in the complaint it has been mentioned that notice has been refused by the applicant but in the list of evidence at Serial No. 4, reply of applicant is also being annexed.;