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ARINDAM LODH
Kamal Kumar Deb – Appellant
Versus
Bhramar Singh – Respondent
JUDGMENT
1. This is an appeal arises out of judgment of acquittal dated 28.06.2019, passed by learned Chief Judicial Magistrate, North Tripura, Dharmanagar in connection with Case No. CR(NI) 20/2012.
2. Briefly stated, that the complainant-appellant [here-in-after referred to as the complainant] filed a complaint against the respondent under Section 138 of the N.I. Act, 1881 [here-in-after referred to as the NI Act] in the court of the Sub-Divisional Judicial Magistratre, Dharmanagar, North Tripura which was registered as CR (NI) No.20 of 2012. The main allegation contained in the said complaint was that the respondent borrowed an amount of Rs.2,50,000/- from the complainant on 26.04.2010 with a condition to refund the same within a period of three months. But, the respondent did not refund the said money to the complainant within time. The respondent ultimately issued a cheque on 26.07.2011 in the name of the complainant. When the said cheque was deposited for encashment of the bank account on 23.12.2011, it was dishonoured with the remark that the account was closed. Thereafter, the complainant served notice dated 03.01.2012 upon the respondent for payment of the said amount, but
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.
The burden of proof shifts to the complainant once the presumption under Section 139 of the NI Act is rebutted by the accused.
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.
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....
Service of notice under Section 138 of the Negotiable Instruments Act is valid if delivered to a family member, establishing liability unless rebutted.
The correct service of statutory notice of demand, including sending it to the correct address of the drawer of the cheque, is essential for establishing the pre-condition for filing a complaint unde....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
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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