The Payee upon receipt of intimation of dishonour of the cheque in question sent notices dated 28.09.2002 by registered post to the four accused arrayed in the Complaint which includes the company, M/s Radhika Automobiles Pvt. Ltd, and, the Drawer, besides his brother and father, that were served upon the Drawer on 01.10.2002.
It is averred in the Complaint that despite service of notice within 15 days of intimation of dishonour of the cheque and expiry of the period of 15 days required by law from date of service of notice on the Drawer, the Drawer failed to make good the Rs. 50,00,000/- due on the dishonoured cheque, and, till the date of the Complaint.
The Complaint was accompanied by the cheque issued by the Drawer that was dishonoured in original, the bank memo from the Canara Bank, Belanganj, Agra, that is to say, the bankers to the Drawer, the memo of intimation of dishonour by the Central Bank of India, Civil Lines Branch, Agra, that is to say, the bankers to the Payee, a copy of notice dated 28.09.2002, and, registered postal receipts showing dispatch of notices besides the hire purchase agreement and statement of account relating to the Payee to show that the cheque was issued to liquidate a legally enforceable debt. The Drawer alleged that on allegations in the Complaint, the Drawer be summoned and punished for committing an offence under Section 138 Negotiable Instruments Act and Section 420 IPC.
The Complaint was filed on 13.11.2000.
Evidence in support of the Complaint was recorded on the basis of an affidavit under Section 200 Cr.P.C. read with Section 145 of the Negotiable Instruments Act, a copy of which has been annexed as annexure no. 2 to the affidavit filed in support of the Application.