IMPORTANT POINTS
• Whether or not non-mentioning of cheque number when all other necessary particulars had been given in the notice, would be fatal to the case of the complainant, should depend upon the facts and circumstances of each case.
• If the cheque number is not mentioned in the notice of demand, then, the accused drawer would not be in a position to know as to in respect of which particular cheque among several cheques that he has issued that he should make payment within fifteen days to avoid prosecution. It is in such circumstances that mentioning of cheque number would be essential.

ORDER :

The petitioner is the accused in the case S.T No. 798/2019 on the file of the Court of the Judicial First Class Magistrate-II, Taliparamba.

2. The aforesaid case is instituted on the basis of the complaint (Annexure-A1) filed against the petitioner by the second respondent (hereinafter referred to as 'the complainant') for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

3. The cheque produced by the complainant along with Annexure-A1 complaint was bearing the date 26.02.2019 and the number 10145489. The amount of this cheque is Rs.8,10,000/-. The averments in Annexure-A1 complaint relate to dishonour of this cheque which was allegedly issued by the petitioner to the complainant.

4. Annexure-A3 is the copy of the lawyer notice dated 08.03.2019 sent by the complainant to the petitioner demanding payment of the amount of the cheque. The number of the cheque for Rs.8,10,000/- shown in Annexure-A3 notice is 10145482.

5. This petition is filed under Section 482 Cr.P.C by the accused for quashing the proceedings initiated against her on the basis of Annexure-A1 complaint, on the ground that the complaint filed without issuing proper statutory notice is not maintainable. In other words, the plea of the petitioner is that Annexure-A3 notice sent to her by the complainant is not valid for the reason that the number of the cheque shown in that notice is not correct.

6. Heard the learned counsel for the petitioner and also the second respondent.

7. As per the averments in Annexure-A1 complaint, the complainant and her husband had sold their properties to Jinu Mon and Manu Mon, the children of the petitioner and her husband, as per the sale deeds executed on 09.06.2017 and 07.07.2017. It is alleged in the complaint that the cheque for Rs.8,10,000/-was one of the five cheques issued by the petitioner towards the sale consideration which was due to the complainant.

8. Admittedly, the cheque which was produced along with Annexure-A1 complaint was for Rs.8,10,000/-bearing the number 10145489 and the date 26.02.2019. The averment in the complaint is also that the number of the cheque for Rs.8,10,000/-, which was issued by the petitioner to the complainant, is 10145489.

9. Admittedly, the number of the cheque for Rs.8,10,000/-is shown in Annexure-A3 as 10145482 and not 10145489.

10. Clause (b) of the proviso to Section 138 of the Act mandates that the payee of the cheque has to make a demand for payment of the amount of the cheque by giving a notice in writing to the drawer of the cheque, within thirty days of the receipt of the information by him from the bank regarding the return of the cheque as unpaid.

11. In the instant case, the complainant had received the intimation regarding the dishonour of the cheque from the bank on 06.03.2019. Annexure-A3 notice was sent by the complainant to the petitioner on 08.03.2019, within the prescribed period.

12. However, the complainant had subsequently sent another notice to the petitioner stating that a mistake had occurred in showing the number of the cheque in Annexure-A3 notice and that the correct number of the cheque is 10145489. Annexure-A4 is the copy of this notice. It bears no date. Learned counsel for the second respondent/complainant has not raised any plea that Annexure-A4 notice was sent by the complainant to the petitioner within thirty days from the date of receiving intimation from the bank regarding the dishonour of the cheque.

13. Therefore, the issue boils down to whether the mistake occurred in stating the number of the cheque in Annexure-A3 notice would make the notice invalid.

14. Annexure-A3 notice contains the details of the sale deeds executed by the complainant and her husband in favour of the children of the petitioner. It also contains the details of the five cheques issued by the petitioner to the complainant towards sale consideration.

15. It is stated in Annexure-A3 notice that the cheque bearing the number 10