N.K.BHATTACHARYYA
Gopal Debi Ozha – Appellant
Versus
Sujit Paul – Respondent
Certainly. Based on the provided legal document, here are the key points:
The demand for payment under Section 138(b) of the Negotiable Instruments Act must correspond exactly to the cheque amount. Any notice mentioning an amount different from the cheque amount is considered illegal and vague, rendering the notice invalid (!) .
In the case discussed, the cheque amount was Rs. 5,79,000/-, but the demand notice issued sought Rs. 6,50,000/-. This discrepancy made the notice insufficient and legally invalid (!) .
The court held that the notice must specify the cheque amount precisely; otherwise, it creates difficulty for the drawer to know the exact amount to pay, which violates the requirement for clarity and legality (!) .
The court emphasized that the provisions of Section 138 are penal in nature and require strict adherence to procedural requirements, including accurate mention of the cheque amount in the demand notice (!) (!) .
The definition of 'payee' and 'holder' under the relevant sections supports that the complaint and demand notice must be made by the actual payee or holder of the cheque. The person who issued the cheque (the drawer) cannot unilaterally alter the amount demanded in the notice without invalidating it (!) (!) .
The court clarified that if a notice demands a higher or lower amount than the cheque amount, it is superfluous but does not necessarily invalidate the notice. However, in this case, the discrepancy was significant enough to invalidate the notice (!) .
The order passed by the lower court was set aside because the demand notice was not in strict compliance with the statutory requirement of mentioning the cheque amount, leading to the conclusion that the cognizance of the offence based on such a notice was illegal (!) (!) .
The overall ruling underscores the importance of precise compliance with the statutory provisions regarding the amount to be demanded in notices under Section 138 of the Negotiable Instruments Act.
JUDGMENT
N.K. Bhattacharyya, J. - By this revision the accused petitioner has challenged the order dated 26- 7 -1994 passed in Complaint Case No. C/314/ 94 by the learned Chief Metropolitan Magistrate. Calcutta under Section 138 of the Negotiable Instruments Act, 1881 whereby the learned Magistrate took cognizance of the offence and directed issuance of process against accused No.1, the petitioner herein.
2. A short conspectous of the case is that the petitioner and her husband Ghanashyamlal Ozha held 620 shares of Messrs Nazareth Engineering Company Private Limited and they agreed to transfer 50% of such shares of the said company to the opposite party herein and her wife Smt. Sheuli Paul. The consideration was fixed at Rs. 6,50,000/- for transfer of such shares and the opposite parties paid Rs. 5,00.000/- in cash and the balance of Rs. 1,50,000/- by bank draft.
3. The petitioner herein and her husband failed and neglected to transfer the said shares in favour of the opposite party herein and her wife nor did the petitioner and, her husband return the said sum or any part thereof to them.
4. On 11-6-1994 the petitioner issued a cheque for an amount Rs. 5,79,000/- drawn on United B
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