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SOPHY THOMAS
Komala Unnikrishnan – Appellant
Versus
Manoj Kumar K. – Respondent
ORDER :
1. This revision petition is at the instance of the accused in S.T. No. 683 of 2004 on the file of Special Judicial First Class Magistrate (Marad cases), Kozhikode, assailing the judgment in Crl. Appeal No. 608 of 2005 on the file of Additional District and Sessions Judge, Fast Track (Adhoc-1), Kozhikode, which upheld her conviction and sentence under Section 138 of the Negotiable Instruments Act.
2. S.T. No. 683 of 2004 was based on a complaint filed by one Mr. Manoj Kumar, who is the 1st respondent herein, alleging an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’) committed by the revision petitioner herein. According to him, the revision petitioner was running a chitty business in the name and style “Kerala Chitty Fund” having its administration office at Trivandrum, and branches at various places in Kerala. The complainant/1st respondent subscribed two chitties having sala of Rs. 5,00,000/- and Rs. 1,00,000/- respectively, conducted by the revision petitioner. He properly remitted monthly instalments at the Tirur branch of the revision petitioner. Ultimately, towards discharge of the debt due to the complainan
The burden of proof shifts to the complainant once the accused discharges the initial burden of proof, and the presumption under Sections 118 and 139 of the N.I Act disappears.
Service of statutory notice under Section 138 of the N.I. Act is valid if received by an authorized representative or any adult member at the drawer's address, not necessarily requiring personal deli....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
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.
The main legal point established in the judgment is the requirement of valid service of notice and the burden of proof regarding the financial capacity of the complainant.
A revisional court shall not interfere with concurrent findings of fact unless they suffer from perversity or illegality; furthermore, a notice returned as 'unclaimed' to the correct address is presu....
Proper service of statutory notice under Section 138 of the N.I. Act is crucial for prosecution. Lack of evidence for improper service does not invalidate the complaint.
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....
The court emphasized the importance of valid service of legal notice and the necessity for the complaint to be filed after the expiry of 15 days from the date of service of notice, as prescribed unde....
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