Court quashes complaint challenging prosecution under Section 138 for lacking notice service proof

The court allowed the Criminal Writ Petition, quashing the impugned orders and dismissing the complaint petition challenging the prosecution under Section 138 of the Negotiable Instruments Act. The complaint lacked specific details on the service of legal notice to the accused, essential for establishing a cause of action. The absence of proof of service rendered the complaint insufficient, following the precedent set by the Supreme Court in Shakti Travel & Tours vs State Of Bihar emphasizing the importance of proper notice service before initiating proceedings under Section 138.

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Issues involved: Questioning of prosecution under Section 138 of Negotiable Instruments Act based on the adequacy of the complaint petition.

Judgment Summary:

The petitioner challenged the prosecution under Section 138 of the Negotiable Instruments Act, arguing that the complaint petition did not provide sufficient grounds to initiate the proceedings. The complaint petition lacked specific details regarding the service of the legal notice to the accused, essential for establishing a cause of action. The absence of proof of service or return of the notice rendered the complaint insufficient to prosecute the petitioner under Section 138. The Supreme Court's decision in Shakti Travel & Tours vs State Of Bihar emphasized the importance of serving the notice before filing a case under Section 138. As the complaint failed to demonstrate proper service of notice, the court allowed the Criminal Writ Petition, quashing the impugned orders and dismissing the complaint petition.

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