2016 (12) TMI 1662

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....nt case is that the Respondent accused in the present Petition had issued a cheque in favour of the present Petitioner for an amount of Rs. 5,00,000/- vide cheque No. 324398 dated 11.01.2011 drawn on the "Union Bank of India". 2. The Petitioner presented the said cheque for realization in his bank on 03.03.2011. The present Petitioner received intimation on 04.03.2011 that the cheque by the Respondent accused has got dishonored on account of insufficient fund on 03.03.2011. On the very next day legal notice was issued to the Respondent accused and since there was no response from the Respondent accused to the said notice the cheque was presented for realization again in the bank on 28.5.2011 wherein again the cheque got dishonoured on ac....

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....03.03.2011 but it was intimated by the Bank that the cheque is dishonoured on account of insufficient fund. On the next day on 04.03.2011 a legal notice was issued to the Respondent accused against the dishonouring of cheque. 6. At this juncture it would be relevant to refer paragraph No. 7 of the complaint filed by the present Petitioner before the Court below wherein in a very categorical term it is mentioned as under :-- 7. Thereafter, as per the pleading of the Petitioner complainant himself he had again put the cheque for clearance on 28.05.2011 which also got dishonoured on account of the insufficient fund and intimation of which was received on 28.05.2011. Again on the intimation he had for the second, time issued a legal notic....

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.... being returned due to insufficient funds or similar such reasons and being presented again by the payee after sometime, on his own volition or at the request of the drawer, in expectation that it would be encashed. The primary interest of the payee is to get his money and not prosecution of the drawer, recourse to which, normally, is taken out of compulsion and not choice. On each presentation of the cheque and its dishonour, a fresh right-arid not a cause of action-accrues in his favour. He may, therefore, without taking pre-emptory action in exercise of his such right under clause (b) of Section 138, go on presenting the cheque so as to enable him to exercise such right at any point of time during the validity of the cheque. 9. ....

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....ice. A combined reading of Sections 138 and 142 makes it clear that cause of action is to be reckoned accordingly. The combined reading of the above two sections of the Act leaves no room for doubt that cause of action within the meaning of Section 142(C) arises - and can arise - only once. 11. The period of one month for filing the complaint will be reckoned from the day immediately following the day on which the period of fifteen days from the date of the receipt of the notice by the drawer expires." 11. If we look into the contents of the complaint and the order passed by the Court below it would clearly reflect that in the instant also from the pleading made by the complainant in itself makes it clear that the cheque for the....

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....¤”र न ही परिवादी से व्यक्तिशः मिलकर भी कोई जानकारी ही दी गई।" Document 2 " 8. यह कि परिवादी द्वारा पुनः दिनांक 28.5.2011 को पुनः चेक यूनियन बैंक ऑफ इण्डिया शाखा जगदल....