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2018 (11) TMI 1906 - MADHYA PRADESH HIGH COURTDishonor of Cheque - service of notice - proceedings have been challenged mainly on the ground that statutory notice as provided under Section 138 (1) of the Negotiable Instruments Act has not been duly served on the petitioner - HELD THAT:- From perusal of the complaint, it reveals that the legal notice was issued by the respondent through registered post dated 22.01.2018. However, the petitioner avoided the notice since 25.01.2018 to 30/01/2018. and, therefore, the said notice was returned unserved to the petitioner - Thus, the receipt of acknowledgment card which is filed by the respondent along with the notice does not bear any signature or acknowledgment of the petitioner or anyone else on the same. Further, the postal remarks on the envelope of such registered post also does not show that it is served on the petitioner. So far as remark of “kindly contact drawer/drawee bank and please present again” is concerned the same would not be a ground for dishonouring of cheque. The contention of the learned counsel for the respondent that Section 482 of Cr.P.C. is not maintainable is also not sustainable in the light of judgment passed by the Apex Court in the case of PRABHU CHAWLA VERSUS STATE OF RAJASTHAN AND ORS. [2016 (9) TMI 1595 - SUPREME COURT]. In the said judgment the Apex Court has held that the alternative remedy of revision under Section 397 of Cr.P.C. cannot by itself be a ground to dismiss the petition under section 482 of Cr.P.C. Application disposed off.
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