Deciding a notice is actually constituted a notice u/s 138 - after the evidence of the parties are recorded

In these circumstances, it will not be appropriate at this stage prima facie to say that the said fax constituted a notice to furnish a cause of action in favour of the petitioners to file a complaint under Section 138 of the Negotiable Instruments Act or that in the present case the notice which is the basis of the filing of the complaint is a second notice. All these questions can be gone into by the learned Metropolitan Magistrate after the evidence of the parties are recorded where the petitioners will have a right to cross-examination and to seek proper explanation.

Crl.M.C.5538-39/2005 & CM No. 10951/2005 % Date of reserve : 16.02.2009 Date of decision: 04.03.2009 M/s Delhi Automobiles Ltd. & Anr.Versus Mohan Exports India Ltd. HON’BLE MR. JUSTICE MOOL CHAND GARG