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ANUBHA RAWAT CHOUDHARY
Abhishek Srivastva – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Heard the learned counsel for the parties.
2. This criminal revision petition has been filed against the judgment dated 13.12.2023 passed by learned Sessions Judge, Chaibasa, whereby the Criminal Appeal No. 92 of 2023 has been dismissed.
3. The petitioner has been convicted vide judgment of conviction and order of sentence dated 21.07.2023 passed by learned Judicial Magistrate, 1st Class, Chaibasa, West Singhbhum in Complaint Case No. 235 of 2020 for offence under Section 138 of the Negotiable Instruments Act. The cheque involved in the present case is for an amount of Rs. 15 lakhs and the petitioner has been sentenced to undergo Simple Imprisonment of 1 year and 6 months and fine amount of Rs. 20 lakhs with default sentence and there is also a direction that if the compensation is not paid within time, it shall be recoverable under the provisions of Section 421 of Cr. P.C.
Submission on behalf of the parties.
4. The sole point argued on behalf of the petitioner is that the learned Courts have wrongly recorded finding with regard to service of notice arising out of bouncing of cheque. He submits that the findings recorded by the learned Courts are pe
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.
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....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
For a conviction under Section 138, the complainant must prove both enforceable debt and properly served demand notice; failure to do so leads to acquittal.
Service of notice under Section 138 of the Negotiable Instruments Act is valid if delivered to a family member, establishing liability unless rebutted.
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.
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