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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Deepak Lohiya, S/o Shri Chhitar Mal Lohiya – Appellant
Versus
Nirmala Devi Jain, W/o Shri Chhitar Mal Jain – Respondent
Order :
(FARJAND ALI, J.)
1. The instant appeal is directed against the judgment dated 13.02.2020 passed by the learned Trial Court, whereby the respondent, Smt. Nirmala Devi, was acquitted of the charges levelled against her. Leave was granted to the appellant to prefer an appeal. There was a delay of 228 days in filing the appeal, which was also condoned.
2. The respondent has been duly served and is represented by learned counsel, Shri R.S. Chundawat. The respondent no.1 was not present on the previous date of hearing. Furthermore, the respondent no.1 and his counsel were also absent on 17.03.2025, 16.12.2024, 06.05.2024, 08.04.2024, and 05.02.2024. In pursuance of the process issued, the respondent, who is an elderly lady, appeared in person along with her counsel.
3. Briefly stated, the facts of the case are that a criminal complaint was filed at the instance of the appellant, alleging, inter alia, that the accused-respondent had borrowed a sum of money and, in discharge of said liability, issued a cheque drawn on ICICI Bank, Bhilwara, dated 07.03.2008, amounting to Rs. 4,00,000/-. On 30.08.2008, the said cheque was returned unpaid, having been dishonoured due to insufficiency of
Proper service of statutory notice under Section 138 is essential to establish a cause of action for dishonour of cheque; mere dispatch is insufficient.
The correct service of statutory notice of demand, including sending it to the correct address of the drawer of the cheque, is essential for establishing the pre-condition for filing a complaint unde....
Proper service of notice under Section 138 hinges on its dispatch to the correct address; actual receipt is not mandatory for proceeding with a complaint.
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
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