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2006 Supreme(Ker) 508

R.BASANT
Aniyan Thomas Chacko – Appellant
Versus
Thevarvelil Bankers – Respondent


Judgment :-

Can the cause of action under Section 142(b) of the N.I. Act be said to commence from the date on which a defective notice, against which specific objection is taken by the payee of the cheque, is received? Will the clock of limitation start ticking on the lapse of 15 days from the date of receipt of such notice? These are the crucial questions that arise for consideration in this revision petition directed against a concurrent verdict of guilty, conviction and sentence.

2. To the skeletal fact first. The signature in the chque is admitted. Handing over of the cheque is also admitted. Transactions between the parties is not disputed. The cheque is for an amount of Rs.50,000/- It bears the date 10.6.2002. The cheque was admittedly dishonoured on the ground of insufficiency of funds. It was initially dishonoured in June, 2002. A notice of demand, Ext.D4, was issued on 29.6.2002. Ext.P8 reply was given to Ext.D4 notice. In Ext.P8 a contention was raised that no such cheque was issued at all. The complainant then realised that a very crucial mistake had crept into the notice, Ext.D4, sent by him. The cheque was actually drawn on the State Bank of Travancore. But in the notic






















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