Back
V. SRISHANANDA
C. Niranjan Yadav S/o. Chandrappa – Appellant
Versus
D. Ravi Kumar S/o. D. Thimmappa – Respondent
ORDER :
Heard Sri Sateesh Chandra K.V., learned counsel for the revision petitioner, and Sri G. Lakshmeesh Rao, learned counsel for the respondent.
2. The accused who suffered an order of conviction under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') in Criminal Case No.17 of 2016 confirmed in Criminal Appeal No.131 of 2019 has preferred this revision petition.
3. The facts in brief which are utmost necessary for disposal of this revision petition are as under:
4. Learned trial Magistrate after follow
Proper service of notice under Section 138 is crucial, but if sent to the last known address, it is deemed sufficient, maintaining the presumption in favor of the complainant.
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
The main legal point established in the judgment is the requirement of valid service of notice and the burden of proof regarding the financial capacity of the complainant.
Dishonour of cheque – By making a higher demand in a notice sent under Section 138(b) of N.I. Act, would not by itself invalidate notice provided, details of claim towards additional amounts are spec....
Service of notice under Section 138 of the Negotiable Instruments Act is presumed when sent to the correct address, placing the burden on the accused to prove non-receipt.
Point of law : Negotiable instruments - Though in the notice, the demand for compensation, interest, cost, etc. is also made, the drawer will be absolved from his liability under Section 138 of the N....
Negotiable instrument - Notice - Cause of action for filing a complaint case under Section 138 of the N.I. Act could not arise prior to expiry of 15 days from the date of service of legal notice on t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
