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2003 DIGILAW 319 (PNJ)

Punjab State Co-operative Supply & Marketing Federation Ltd. v. Mohinder Pal Singh

2003-02-19

VINEY MITTAL

body2003
ORDER Viney Mittal, J. - The present petitioner Punjab State Co-operative Supply and Marketing Federation Ltd. (Markfed), filed a complaint under Sections 138/142 of the Negotiable Instruments Act against respondent Mohinder Pal Singh. It was averred in the complaint that the respondent had issued cheques to the petitioner Markfed and the aforesaid cheques on presentation had been dishonoured on account of the fact that the account of the respondent in the Canara Bank stood already closed. 2. The aforesaid complaint had been dismissed by the learned Judicial Magistrate Ist Class, Moga, vide his order dated December 15, 1997, after holding that the notice exhibit P-6 had been issued by the complainant Markfed on January 17, 1995, that is beyond the period of 15 days as stipulated under the provisions of the Act and therefore, the complaint in question was not maintainable. 3. Shri H.S. Lalli, learned counsel appearing for the petitioner submits that as per the record, which was available with the trial Court it was apparent that the information with regard to the dishonouring of the cheque had been conveyed to the petitioner complainant on January 3, 1995 and the notice Exhibit P-6 had been issued to the respondent on January 17, 1995. Shri Lalli further maintains that these facts have not been correctly noticed by the learned trial Magistrate. 4. After hearing learned counsel for the parties, I find merit in the submissions made by the learned counsel for the petitioner. From the perusal of the impugned order, it is apparent that the learned Judicial Magistrate had been influenced by the facts of the connected complaint. 5. In this view of the matter, I set aside the order dated December 15, 1997 passed by the learned Judicial Magistrate Ist Class and remit the matter back to the learned trial Magistrate for passing a fresh order after taking into consideration the entire material available on the record. If after reconsideration of the entire matter, the complaint is found to be in accordance with law and within limitation, then further proceedings shall be taken in accordance with law. With the above observations, the present revision petition is disposed of. Order accordingly.