- (1.) SUBHASH Chander Goyal, a partner of Cambridge Woollen Mills, Industrial Area-A, Ludhiana, has challenged the summoning order dated September 18, 1989, in a complaint under Section 138 of the Negotiable Instruments Act, 1881, passed by Shri Hukam Chand Judicial Magistrate, I Class, Ludhiana.
(2.) IT has been alleged in the present petition that the requirement of Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, were not fulfilled inasmuch as no notice was served within 15 days of the dishonouring of the cheques in question; that whatever notices were issued were also vague ; that the notice was issued by Oswal Woollen Mills Ltd. , Industrial Area-A, Ludhiana, whereas the complaint has been filed on behalf of Oswal Woollen Mills, G. T. Road, Sherpur, Ludhiana PS Focal Point, Ludhiana ; that even the name of the petitioner was wrongly mentioned in the complaint.
(3.) LEARNED counsel for the petitioner has referred to para 5 of the complaint which is reproduced as under : "that the accused was requested to make the payment of the balance sale price of the goods purchased by the accused from the complainant, the accused gave cheque No. 533962, dated March 18, 1989, for Rs. 1,50,000 drawn on State Bank of India, Ludhiana. However, the said cheque was dishonoured and the accused issued another cheque No. 353853, dated May 7, 1989, for Rs. 1,50,000. The accused again issued a cheque No. 353854, dated May 9, 1989, for Rs. 1,84,871. 55 drawn on State Bank of India, Ludhiana. The third cheque bearing No. 353846 for Rs. 1,77,922. 12, dated May 4, 1988, was also issued, drawn on State Bank of India, Ludhiana. At the time of issuing these cheques the accused assured the complainant that these cheques will be honoured on presentation to the bank. ";