2019 (9) TMI 1654

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....isposed of at notice stage. 3. The present appeal takes exception to the order dated 15th November, 2018 passed by the High Court of Madhya Pradesh, Indore Bench, thereby it allowed the application filed by the respondent for quashing of proceedings instituted against him under Section 138 of the Negotiable Instruments Act, 1881. The sole argument of the respondent commended to the High Court was that a legal notice was not duly served on him within the statutory period. 4. After hearing counsel for the appellant, we have no manner of doubt that the reason commended to the High Court, is unacceptable. For, the fact that notice was duly served on the respondent or otherwise, is a triable issue; and cannot be proceeded as an indisputabl....

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....uently, the complaint shall now proceed against the respondent in accordance with law. 6. The parties shall appear before the Trial Court on 14th October, 2019 before the Trial Court. Crl.A. @ SLP(Crl.) Nos.137/2019 1. Leave granted. 2. Despite notices served on the respondent, he has chosen not to appear. The last notice clearly mention that the matter will be finally disposed of at notice stage. 3. The present appeal takes exception to the order dated 15th November, 2018 passed by the High Court of Madhya Pradesh, Indore Bench, against the respondent under Section 138 of the Negotiable Instruments Act, 1881 came to be quashed on accepting the sole argument of the respondent that legal notice was not duly served on him withi....