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N. S. SHEKHAWAT
Jasbir Singh Sodhi – Appellant
Versus
G. S. Bhalla – Respondent
JUDGMENT
Mr. N.S. Shekhawat, J.
Challenging the judgment of acquittal dated 13.03.2008 passed by the Court of learned Judicial Magistrate 1st Class, Chandigarh, the appellant/complainant has preferred the present appeal before this Court. The learned Judicial Magistrate 1st Class concluded that the appellant had failed to prove the notice of acquisition, served upon the respondents/accused for the commission of offence punishable under section 138 of the Negotiable Instruments Act, 138 (hereinafter to be referred as 'the Act') and the respondents were ordered to be acquitted of the same.
2. The case set up by the appellant/complainant is that he had business dealings with the respondents/accused for the supply of plastic bottles of various sizes since September 1997. The respondents had been making payments of all the goods regularly. As per the appellant, Cheque No. 473965 dated 17.12.1997 drawn on Punjab National Bank, Civil Lines, Bhatinda for Rs. 90,000/- was handed over by the respondents to the appellant towards certain outstanding payments. However, on presentation, the said cheque was dishonoured on account of insufficient funds. He immediately contacted the respondents, who
The burden of proof shifts to the complainant once the presumption under Section 139 of the NI Act is rebutted by the accused.
The court established that in computing time limits under Section 138 of the NI Act, the first day is excluded and the last day is included.
Point of law: Negotiable Instruments – Notice - When a sender has dispatched notice through registered post to correct address written on it, Section 27 of General Clauses Act could be profitably imp....
The failure to provide evidence of sending a legal notice under Section 138 of the Negotiable Instruments Act invalidates the complaint, leading to acquittal.
Proper service of notice and adherence to limitation periods are crucial in dishonor of cheque cases under the Negotiable Instruments Act.
Proper service of notice under Section 138 of the Negotiable Instruments Act requires notice to be served directly to the drawer of the cheque, not to a third party.
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....
The presumption of service of legal notice under Section 27 of the General Clauses Act applies, and a complaint under Section 138 of the Negotiable Instruments Act is premature if filed before the st....
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