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2021 (11) TMI 159 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - appellant/complainant had failed to prove that he had sent the statutory notice to the last known address of the first respondent/accused - Section 138 of the Negotiable Instruments Act - HELD THAT:- On a reading of the evidence rendered by PW1 as well as the evidence rendered by PW3, the postman, who stated that after the marriage of the first respondent/accused, she was not staying at Nadapuram, it is clear that despite the knowledge that the first respondent/accused was not staying at Nadapuram, the appellant/complainant had for reasons best known to him decided to issue notice to the former address of the first respondent/accused at Nadapuram - I am constrained to hold that there is a clear failure to comply with the statutory mandate to issue a notice, as required under the provisions of the Negotiable Instruments Act. It is not necessary to consider the question as to whether Exhibit P1 cheque was actually executed by the first respondent/accused and as to whether the learned Magistrate had gone wrong in finding that an offence under Section 138 of the Negotiable Instruments Act could not be made out on account of the difference in the signature on Exhibit P1 cheque with the admitted signature of the first respondent/accused - a complaint under Section 138 can be filed only after complying with the statutory formalities. There is a clear failure on the part of the appellant/complainant to comply with the statutory formality of issuing a notice to the last known address of the first respondent/accused - Appeal dismissed.
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