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KARUNESH SINGH PAWAR
Man Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Karunesh Singh Pawar, J.)
1. Heard Shri Shiv Sagar Singh learned counsel for the petitioner as well as learned A.G.A. for the State.
2. Notices to respondent no. 2 are dispensed with.
3. Through this petition, the petitioner has challenged the impugned order dated 11.10.2021 passed by the Presiding Officer, Additional Court, Saharanpur in complaint case No. 877 of 2018 (Praveen Singh Vs. Man Singh), under Section 138 of N.I. Act, P.S. Sadar Bazar, District Saharanpur whereby the petitioner has been summoned for facing trail for an offence under Section 138 N.I. Act with regard to dishonor of alleged cheque dated 28.03.2018.
4. Brief facts of the case are that in order to discharge a legal recoverable debt or liability a cheque No. 004565 dated 28.03.2018 to the tune of Rs. 1,00,000/- was issued in favour of the complainant by the accused, the cheque was presented by the complainant in his bank account No. 3463556822, Central Bank of India, Naveen Nagar, Saharanpur for encashment. The cheque was returned back unpaid with an endorsement of the bank that payment stopped by the drawer. Again the cheque was presented by the complainant in his bank for encashment in his account
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
The determination of the date of receipt of notice and the commencement of the statutory period for filing a complaint under Section 138 of the NI Act.
The judgment highlights the significance of a valid notice as the foundation of a case under Section 138 of the N.I. Act and the necessity to comply with the statutory requirements for the notice to ....
A cheque dishonoured for reasons such as 'referred to the drawer' is covered under Section 138 of the N.I. Act, but a complaint must be filed after proper service of notice and cannot be filed in the....
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.
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....
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....
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