CHUNNILAL SHARMA Vs. VIDYA SHARMA

JUDGEMENT

(1.) THIS revision is for impugning the order dated 20th February, 2003 passed by the 6th Additional Sessions Judge, Gwalior in Criminal Revision No. 229 of 2001, by which the learned Judge has set aside the order dated 1st June, 2001 passed by the JMFC, Gwalior in Criminal Case No. 1132 of 1998, whereby the learned Magistrate after conducting enquiry on a complaint filed by the petitioner had issued process against the respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). The learned Judge has observed that as per the averments in the complaint itself, mandatory requirement of sending and serving of a notice under Sec. 138 of the Act has not been complied with.

(2.) THE proviso (b) as appended to Sec. 138 of the Act goes as under :

(3.) THAT apart, on perusal of the language of the notice as shown by Shri Singh from the copy of the same, which is enclosed in the original case file, it is mentioned in last three lines that it was only informed that within 7 days of the receipt of the notice, addressee was to explain as to why legal proceeding cannot be initiated against him/her in competent Court of law. No demand as required by the aforementioned provision was made on behalf of the petitioner.