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SANJAY KUMAR DWIVEDI
Md. Firoj Ali – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sanjay Kumar Dwivedi, J.) :
Heard Mr. Suraj Singh, learned counsel for the petitioner, Mr. Suraj Deo Munda, learned counsel for the State and Mr. Gautam Kumar, learned counsel for opposite party no.2.
2. This petition has been filed for quashing of the entire criminal proceeding in connection with P.C.R. Case No.456 of 2014 including the order dated 24.06.2015, whereby, the learned Court has been pleased to take cognizance against the petitioner under Section 138 of the Negotiable Instrument Act, pending in the Court of the learned Sub Divisional Judicial Magistrate, Pakur.
3. The complaint case was filed alleging therein that the complainant is engaged in the business of Tyre Resoling and the accused used to purchase resoled tyres and also used to take old tyres after repairing on credit time to time. In course of business, the complainant was paid an amount of Rs.2.10 Lakhs vide cheque dated 03.07.2014, drawn in the State Bank of India in favour of the complainant with a view to clear his liabilities towards the complainant. The said cheque was deposited by the complainant with the State Bank of India, Pakur Bazar Branch on 04.07.2014, but the same was returned unpaid
The presumption of service of notice under Section 27 of the General Clauses Act applies when sent via registered post, affirming the lower court's cognizance in dishonoured cheque cases.
The main legal point established is the presumption of service of notice when sent through registered post, as provided under section 27 of the General Clauses Act.
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
The main legal point established in the judgment is the requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
Dishonour of cheque – Complainant is not required to prove service of notice on accused before institution of case—Requirement of giving notice is a clear departure from rule of criminal law, where t....
Service of notice under Section 138 of the Negotiable Instruments Act is presumed when sent to the correct address, placing the burden on the accused to prove non-receipt.
A complaint under Section 138 of the Negotiable Instrument Act requires valid notice and cannot be quashed on service grounds once trial is concluded.
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