2020 (9) TMI 739

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....and stay the further proceedings. According to the prosecution story that opposite party no. 2, Pawan Kumar, had supplied bricks amounting of Rs. 18,75,000/- to the applicant. That on repeated demand of opposite party no. 2 for making payment of the abovesaid amount, the applicant drawn a cheque bearing no. 207828 of YES Bank, Noida on 19.9.2014 but the said cheque was dishonoured by the bank due to insufficient amount in the account. Therefore, on 16.10.2014, the complainant sent a registered legal notice to the applicant demanding money but all in vain, hence, opposite party no. 2 made a complaint on 12.11.2014. Learned counsel for the applicant submits that section 138 of Negotiable Instruments Act proviso as under:- " [ 1....

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.... of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation. For the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability.]" Learned counsel for the applicant further submits that since the date of service of notice is not mentioned in the complaint so the necessary ingredients for making section 138 of Negotiable Instruments act are lacking. That as per section 27 of General Clauses Act there is presumption of 30 days for the service of notice while in the present case 30 days time has been expired on 15.11.2014 and opposite party no. 2 has filed the present complaint on 12.11.2014 ....

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....s the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the abovesaid summoning order and proceedings is refused. However, it is provided that if the applicant appear and surrender before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant do ....