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2017 (3) TMI 1340 - SC - Indian LawsConviction u/s 138 of the Negotiable Instruments Act - dishonoured cheques - undelivered notice - It was contended that - Notice demanding payment of the amount arising from the two dishonoured cheques in question was on 04-05-1991 whereas the intimation regarding dishonour of the said cheques was given by the appellant s bank on 08-04-1991. Therefore the notice was beyond 15 days. - Held that - generally there is no bar under the N.I. Act to send a reminder notice to the drawer of the cheque and usually such notice cannot be construed as an admission of non-service of the first notice by the appellant as has happened in this case. First notice sent by appellant on 12-04-1991 was effective and notice was deemed to have been served on the first respondent. Further it is clear that the second notice has no relevance at all in this case at hand. Second notice could be construed as a reminder of respondent s obligation to discharge his liability. As the complaint was filed within the stipulated time contemplated under Clause (b) of Section 142 of the N.I. Act therefore Section 138 r/w 142 of N.I. Act is attracted. In the view of the matter we set aside the impugned judgment of the High Court. However during the course of hearing learned counsel for first respondent as agreed by appellant herein submitted that first respondent was willing to pay Rs. 2, 00, 000/- (Rupees two lakhs only) in lieu of suffering simple imprisonment of three months as imposed by the Trial Court as confirmed by the first Appellate Court and endorsed by this Court. In view of the undertaking given by the learned counsel we direct the first respondent to deposit the said amount of Rs. 2, 00, 000/- (Rupees two lakhs only) before the Judicial First Class Magistrate-II at Alappuzha on or before 30.04.2017. Out of the said amount of Rs. 2, 00, 000/- (two lakhs only) so deposited Rs. 1, 30, 000/- (one lakh thirty thousand) shall be paid to the appellant as compensation.In the event first respondent fails to deposit the said amount of Rs. 2, 00, 000/- within the stipulated period as indicated above the conviction and sentence of three months awarded by the Ld. Trial Court and affirmed by the Appellate Court shall stand restored and bail granted to the first respondent shall stand cancelled.
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