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GOUTAM BHADURI
Manjeet Singh Dhillan – Appellant
Versus
Baljinder Singh Rajpal – Respondent
ORDER ON BOARD
Goutam Bhaduri, J.—The present revision is filed against the judgment dated 29-9-2015 rendered by the Additional Sessions Judge/Special Judge (Atrocities), Korba, in Cr.A.No.01/15, which is arising out of judgment dated 26-12-2014 passed by the Chief Judicial Magistrate, Korba, in Cr.Case No.1735/12.
2. The facts of the case, in brief, are that a complaint was filed by the respondent No.1 Baljinder Singh Rajpal against the applicant Manjeet Singh Dhillan, alleging, inter alia, that since both of them were known to each other, on the request of the applicant the complainant gave an amount of Rs.3.00 lacs on 26-3-2011 towards loan and for which the post dated cheque bearing No.822543 dated 26-3-2012 was given to the respondent No.1. After one year when the cheque was presented on 3-4-2012 it got dishonoured on 6-4-2012. The said fact was informed to the applicant. Again on the advise of the applicant, the cheque was presented before the Bank on 15-5-2012, but it was again dishonoured on 18-5-2012. Again it was presented on 15-6-2012, which was got dishonoured on 18-6-2012. Thereafter, the complainant sent a notice to the applicant on 28-6-2012, but the said notice retu
Dishonour of cheque – Within six months cheque may be presented several times.
The determination of the date of receipt of notice and the commencement of the statutory period for filing a complaint under Section 138 of the NI Act.
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.
Admission of cheque issuance raises presumption of liability under NI Act Ss.118/139; rebuttal requires evidence beyond CrPC 313 denial. Revisional jurisdiction limited to patent errors, not evidence....
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.
Dishonour of cheque – Complainant is not required to prove service of notice on accused before institution of case—Requirement of giving notice is a clear departure from rule of criminal law, where t....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
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....
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