The interpretation of 'receipt of information' under proviso (b) to S.138 of the Negotiable Instruments Act as requiring written information and its significance in determining the validity of the notice.

K.A. Mohamed Shafi, J.

This revision petition is filed by the accused in C.C. 91/90 on the file of the J.F.C.M's Court, Pathanamthitta.

2. On the basis of the complaint filed by the 2nd respondent, the revision petitioner was prosecuted for the offence punishable under S.138 of the Negotiable Instruments

'Act. It is alleged that the revision petitioner issued two cheques for Rs. 25,000/- and Rs. 19,389/-respectively drawn on United Commercial Bank for the amount of Rs. 44,389/- due from him to the 2nd respondent and when the cheque was presented for encashment it was bounced. The revision petitioner did not pay the amount in spite of a registered notice intimating about the dishonour of the cheque and calling upon him to pay the amount. Hence he is guilty of the offence punishable under S.138 of the Negotiable Instruments Act.

3. The trial court after trial found the revision petitioner guilty of the offence punishable under S.138 of the Negotiable Instruments Act and convicted and sentenced him to undergo R.I. for one year and to pay a fine of Rs. 5000/- in default of payment to undergo R.I. for three months by judgment dated 31.3.1992. The revision petitioner challenged the finding of guilt, conviction and sentence entered by the trial court before the Sessions Court, Pathanamthitta in Crl. Appeal No. 39/92 without success. Hence he has preferred this revision petition before this Court.

4. Though several contentions are raised in the memorandum of Crl.R.P., when the above revision petition came up for hearing the only contention urged before me is that the entire prosecution is bad in law for want of a proper notice under proviso (b) to S.138 of the Negotiable Instruments Act. Proviso (b) to S.138 of the Negotiable Instruments Act stipulates that the payee or the holder in due course of the cheque should make a demand for payment of the amount due under the cheque by giving a notice in writing to the drawer of the cheque within 15 days of the receipt of the information by him from the bank regarding the return of the cheque unpaid.

5. The revision petitioner vehemently contended that in this case the 2nd respondent received information about the dishonour of the cheque on 20.12.1989 and he has sent the notice as stipulated in proviso (b) to S.138 of the Negotiable Instruments Act only on 9.1.1990, which is beyond the time of 15 days stipulated under that proviso which vitiates the entire proceedings in this case.

6. The 2nd respondent has contended that he received the intimation regarding the dishonour of the cheque from the bank only on 6.1.1990 and therefore, the notice sent by him intimating about the dishonour of the cheque and calling upon the revision petitioner to pay the amount is perfectly in time and valid.

7. The counsel for the revision petitioner vehemently argued that proviso (b) to S.138 of the Negotiable Instruments Act stipulates that the notice in writing to the drawer of the cheque should be sent by the payee or the holder in due course within 15 days of the receipt of information about the dishonour of the cheque and that proviso does not provide that the payee or holder in due course of the cheque should get the information in writing. According to him, that proviso contemplates only information regarding the dishonour of the cheque received by the payee or holder in due course and not a written information, whereas it stipulated a notice in writing to the drawer of the cheque intimated about the dishonour of the cheque within 15 days of the information received by the payee or holder in due course of the cheque. Therefore, according to him, the Legislature significantly used the words 'receipt of information' while stating about the information to be received by the payee or holder in due course of the cheque regarding the dishonour of the cheque, whereas the expression 'notice in writing' is used regarding the notice to be given by the payee or holder in due course to the drawer of the cheque reg