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VINOD S. BHARDWAJ
Rajinder Pal Singh – Appellant
Versus
Sanjeev Sharma – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. - The instant appeal has been preferred against the judgment dated 02.07.2013 passed by the Judicial Magistrate Ist Class, Gurugram, whereby respondent-accused has been acquitted of the notice of accusation served upon him.
2. The brief facts leading to the filing of the instant appeal are that the respondent-accused is alleged to have borrowed a sum of Rs.17,45,000/-from the appellant-complainant in the month of July 2010. In order to discharge the said legal liability, the respondent-accused is alleged to have issued a cheque bearing No.540695 dated 13.12.2010 amounting to Rs.17,45,000/- in favour of the appellant-complainant drawn at Punjab National Bank, New Delhi. Upon presentation of the said cheque by the appellant-complainant for encashment with his banker, the same was returned unpaid on 03.03.2011 with the endorsement 'refer to drawer'. Thereafter, a legal notice dated 17.03.2011 was sent through advocate, however, the same was returned with the endorsement 'receiver is not residing at this address.' It is contended that the legal notice was sent through registered post to the address of the respondent-accused as mentioned in the Driving Licen
The main legal point established in the judgment is the importance of serving a legal notice at the correct address and the presumption of service when the notice is sent by registered post with the ....
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.
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
The failure to provide evidence of sending a legal notice under Section 138 of the Negotiable Instruments Act invalidates the complaint, leading to acquittal.
The main legal point established in the judgment is the presumption of service under Section 27 of the General Clause Act and Section 114 of the Evidence Act in cases of service of notice under the N....
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
Negotiable Instruments – Factum of disputed service of notice requires adjudication on the basis of evidence and the same can only be done and appreciated by the trial court and not by this Court und....
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused proves non-receipt of the demand notice, which is essential for prosecution under Secti....
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