Criminal Misc. No.M-5283 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-5283 of 2008 Date of decision : 27.11.2008 Jagdish Raj Luthra .....Petitioner Versus State Bank of India ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Amit Dhawan, Advocate for the petitioner None for the respondent. S. D. ANAND, J. Respondent-State Bank of India launched a prosecution under Section 138 of the Negotiable Instruments Act against the petitioner on an allegation that the three cheques issued by the latter in lieu of pre-existing liability bounced on account of insufficiency of funds and he did pay up inspite of issuance of statutory notice in the relevant behalf. On the basis of the preliminary (of course ex-parte) evidence, the summoning of the petitioner for the trial of an offence under Section 138 of the Negotiable Instruments Act was ordered by the learned Trial Court. At the time of motion hearing, an averment was made on behalf of the petitioner to the effect that the entire amount represented by three cheques was deposited within a period of fifteen days of the receipt of statutory notice. The respondent has been served for today but none has Criminal Misc. No.M-5283 of 2008 -2- **** entered appearance on its behalf. Learned counsel for the petitioner states that he would be content and interests of justice would be served if a direction is issued to the learned Trial Magistrate to notice the afore-mentioned plea and record a finding on the factual premise thereon and dispose of the grievance (evidenced by the averment made at the time of motion hearing) within seven days from the next date of hearing. The petition shall stand disposed of accordingly with a direction to the learned Trial Magistrate to notice the afore-mentioned plea and record a finding on the factual premise thereon within seven days from the next date of hearing. The acknowledgment (of copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned Sessions Judge shall himself maintain a tab to ensure that the case is disposed of by afore-mentioned date. November 27, 2008 (S. D. ANAND) Pka JUDGE