2018 (1) TMI 310

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....his private complaint for dishonour of the cheque issued by the revision petitioner herein and the case of the complainant before the trial Court is that the accused borrowed a sum of Rs. 8,00,000/- from the complainant. The accused issued a cheque bearing No.000276 dated 19.04.2011, drawn on Kotak Mahindra Bank Limited, T.Nagar Branch, Chennai for Rs. 8,00,000/- in favour of the complainant. The complainant when placed it for collection with his banker, Allahabad Bank, Jawahar Nagar, Egmore, Chennai on 19.04.2011 the same returned unpaid with endorsement "Account closed". The complainant sent a legal notice dated 26.04.2011 to the accused. On 11.05.2011 the postal cover containing legal notice returned unserved with an endorsement "Intimat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... accused. The evidence of DW4 clearly shows that even after the intimation was delivered to the accused, he had not claimed it from the post office and subsequently returned the postal cover containing notice unserved to the complainant. 6. Aggrieved against the conviction and sentence passed by the trial Magistrate, the revision petitioner preferred in C.A.No.151 of 2013 and after due consideration and re-appreciation of evidence on record, dismissed the Criminal Appeal and hence, the Criminal Revision. 7. The Points for determination of this appeal is that:- i) Whether the order of conviction laid by both the Courts below is sustainable in law? ii) Whether the sentence award is excessive? 8. The learned counsel ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ich according to the revision petitioner was sent to a false address and hence, non service of the legal notice is fatal to the criminal prosecution. 13. Per contra, the contention of the first respondent/private complainant is that only in respect of the pin number, there was an error has been crept in. However, the postal department has been dutiful in taking the steps and serving the same with the apartment wherein, the revision petitioner is residing and after delivering the postal intimation to the security man in the said apartment. As the revision petitioner has not chosen to collect the registered letter as per the postal intimation and hence service is held to be sufficient. 14. The short point that arises for consideration i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... "The question whether notice as required under Section 139 of the Negotiable Instruments Act, 1881 has been served has to be decided during trial and the complaint ought not to be dismissed at the threshold on the purported ground that there was no proper service of notice". 17. After considering the legal preposition as laid down by the Apex Court and on the factual of the background on this case, it is seen that the narrow point that needs to be addressed by this Court is that:- Whether there was a proper compliance of service of statutory notice as mandated under Section 138 of the Negotiable Instruments Act? 18. Under the statutory scheme, after the amendment into the Negotiable Instruments Act wherein introduction ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nformation about the notice by issuing endorsement card enabling the addressee to get the postal card. However, it appears that the revision petitioner has not collected the above postal cover from the concerned post office. 21. After going through the evidence of P.W.4, Post Master of the Park Town in Chennai in whose jurisdiction area, the revision petitioner is stated to be living and the address mentioned in the Ex.P3, cover Door number is clearly mentioned, street name is properly mentioned and further deposed that he met with the security man of the said apartment and he is duly served the intimation card upon him and there is nothing worthwhile has been elicited in the cross examination to descredit his evidence and even for a Cou....