K.U. Chandiwal, J. 1. Heard. 2. The petitioner questioned prosecution under Section 138 of Negotiable Instruments Act on the ground, averments in paragraph no.8 of the complaint petition are too short to invoke cause of action to initiate the proceedings. Paragraph No. 8 of the complaint petition reads as under: 8. That, the complainant respectfully submits that, the complainant issued a legal notice through Advocate on dated 21/05/2007 by R.P.A.D. But accused has not paid the cheque amount to the complainant. Therefore, the complainant has not left any alternative remedy except to approach before this Hon'ble Court against the accused by way of filing the present complaint U/s 138 of Negotiable Instrument Act within the stipulated period. On reading verification of the complainant dated 17.6.2011 and the particulars, it is explicit, there are no recitals nor any demonstration of specific date of service upon the petitioner as accused. There is no proof that either the notice was s

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =