Indian Law

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 898 OF 2009 Ramkrishna Urban Cooperative Credit .. Applicant Society Ltd., Maliwada, Ahmednagar, through Authorised Signatory, Shri Chhagan Tukaram Raut, Age. 36 years, Occ. Service, R/o. Mutha Chambers, Maliwada, Ahmednagar. Versus Shri Rajendra Bhagchand Warma .. Respondent Age 38 years, Occ. Business, R/o. 2044, Daware Galli, Near Vithal Mandir, Ahmednagar. Shri L.B. Pallod, Advocate for the applicant. Shri J.M. Murkute, Advocate for sole respondent. CORAM : P.R. BORKAR,J. RESERVED ON : 03.02.2010 PRONOUNCED ON : 16.02.2010 (2) J U D G M E N T : 1. This is an application for leave to file appeal against the order of acquittal passed by the learned Judicial Magistrate, First Class, Court No.1, Ahmednagar in S.T.C. No. 960 of 2008, decided on 21.01.2009, whereby the respondent is acquitted of offence punishable under section 138 of the Negotiable Instruments Act. ...

The payee has to sent the notice to the drawer within 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer.   If the drawer fails to make a payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.