TaxTMI 
TaxTMI 
TaxTMI 
2025 (7) TMI 474
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....itioner is an accused in C.C.No.325 of 2019 on the file of the Judicial First Class Magistrate Court-II, Kayamkulam. It was a prosecution initiated against the petitioner under Section 138 of the Act. The first respondent is the complainant. (Hereinafter, the petitioner and the first respondent are mentioned as the accused and the complainant, respectively.) 3. The case of the complainant is as follows: The complainant is a proprietary concern in the name and style 'M/s Shalimar Hardwares' at Kattanam. The complainant concern is engaged in the business of construction materials. Sri. Mohammedkunju, Salimar House, Elippakkulam Muri, Vallikunnam Village represent the complainant concern. The accused purchased some building materials....
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....le imprisonment for one month for nonpayment. Aggrieved by the conviction and sentence, the accused filed an appeal. The appeal was considered by the Additional Sessions Judge-I, Mavelikkara. The Sessions Judge confirmed the conviction but reduced the sentence to imprisonment for one month. The compensation awarded was also confirmed. Hence, this revision. 5. Heard Advocate Manjusha who appeared for the accused and the learned Public Prosecutor. Even though the notice is issued, there is no appearance for the complainant. 6. Advocate Manjusha, who appeared for the accused, submitted that a reading of the evidence of PW1 will show that the notice was not received by the accused. PW1 admitted in his evidence that the notice was served to a ....
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....of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice; in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation.-For the purposes of this section, " debt of other liability " means a legally enforceable debt or other liability." ( underline and emphasis are supplied....
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....#2991;ைலி கவிஜீ வானி வாஸ் சைஸ் யனிவினிகளனை (A). வனி notice கெவழிவிதிவெள் ஷனாலைவி (விண்ணில் (Q) என வாஸ்வே தெறித்து விண்ணில் (A) வனி notice கெவழிமெஸ் affidavit ....
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.... but argued that this should be treated as sufficient compliance of the requirement of giving notice of demand. 5 S.138 deals with the dishonour of cheque for insufficiency, etc., of funds in the accounts of the person who draws the cheque and lays down that such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both. Proviso to S.138 specifies the conditions which are required to be satisfied before a person can be convicted for an offence enumerated in the substantive part of the section. Cl. (b) of the proviso to S.138 c....