1 Is a person facing indictment under S.141 of the N.I. Act entitled to notice under proviso (b) to S.138 of the N.I. Act? This is the question of law of importance raised in this case.

2 The revision is directed against the concurrent verdict of guilty, conviction and sentence in a prosecution under S.138 of the N.I. Act. The complainant alleged that the 1st accused company, to discharge a legally enforceable debt/liability to him, had issued Ext. P1 cheque for an amount of Rs. 1,78,000/-. The cheque was signed jointly by the 2nd accused, its Managing Director and the 3rd accused, another Director. The cheque, when presented for encashment, was dishonoured on the ground of 'insufficiency of funds'. Thereupon, Ext. P5 notice of demand was issued to all the three accused. Notices issued to the 1st and 2nd accused were returned unserved. Notice issued to the 3rd accused was allegedly served on him and acknowledged under Ext. P5. There was no reply. No payment was forthcoming. It was, in these circumstances, that the complainant came to Court with the complaint under S.138 of the N.I. Act.

3 PW 1 was examined and Exts. P1 to P10 were marked by the complainant. The accused denied the off

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