Advocates:
['ADV R G RAMANI', 'ADV MENINO TELES', '', 'ADV LOPES LOBO LLOYD', 'ADV GOVEKAR AVADHUT KRISHNANATH', 'ADV TELES NEWTON MENINO']

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 44 OF 2016

IN

STAMP NUMBER MAIN NO. 3198 OF 2015

MR. ANTONIO JOSE JOAQUIM DE SOUZA.

... Applicant

Versus

MRS. RITA D'SOUZA AND ANR.,

... Respondents

Mr. R. G. Ramani and Mr. Myron D' Souza, Advocates for the

Applicant.

Mr. M. Teles and Mr. D. Lawande, Advocates for the Respondent no.

1.

Mr. D. Lawande, Addl. Public Prosecutor for the Respondent no. 2.

Coram:- C. V. BHADANG, J.

Date:-

22nd March, 2016

P.C.

Heard Mr. Ramani, learned Counsel appearing for the Applicant

and Mr. Teles, learned Counsel appearing for the Respondent no. 1.

2. An interesting question of law arises in the present

Appeal/Application namely whether an unsigned notice issued under

Section 138 of the Negotiable Instrument Act, can be said to be valid.

Two learned Single Judge's, one each of the Karnataka High Court

and the Rajasthan High Court, have recorded contrary conclusions.

The learned Magistrate had found that the notice although was

unsigned, could be acted upon and proceeded to convict the

Applicant for the offence punishable under Section 138 of the

2

CRMA/44/2016

Negotiable Instrument Act. It appears that before