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PRADEEP KUMAR SRIVASTAVA
Sunil Kumar Bhagat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
The instant Criminal Revision is directed against judgment of acquittal dated 07.09.2015 passed by learned Additional Sessions Judge-12, Dhanbad in Criminal Appeal No. 78 of 2014, whereby and whereunder, the conviction and sentence of the opposite party No.2 passed by learned trial court for the offence under section 138 of Negotiable Instrument Act has been reversed and set aside and appeal was allowed.
2. Factual matrix of the case is that the petitioner (complainant) entered into an agreement with the opposite party no.2, who was dealing with the business of plastic materials to supply quality goods and thereby advanced Rs.90,000/- in the month of September, 2007 but the opposite party No.2 did not supply the materials as agreed between the parties and upon persistent demand of the advance money, the opposite party No.2 issued two cheques bearing No.310525 dated 07.12.2007 of Rs.45,000/- and another cheque bearing No.310524 dated 18.10.2007 of Rs.45,000/- respectively. It is further alleged that the complainant presented the said cheque bearing No.310525 which was returned with remark of “insufficient fund” by the banker under memo of notice dated 18.10.2007 and 07.12.2
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....
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
The main legal point established in the judgment is the requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
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....
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 cause of action under Section 138 of the Negotiable Instruments Act arises immediately upon the return of a notice as 'refused', without needing a subsequent 15-day waiting period for payment.
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