Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 160 - HC - Indian LawsDishonor of Cheque - whether the notice sent by the petitioner to the opposite party No.-2 in connection with the cheque was in terms of Section 138 of the Negotiable Instruments Act or not? - HELD THAT:- Upon perusal of the said notice, this Court also finds that the complainant had made an allegation that since beginning, the father of the opposite party No.-2 wanted to cheat the complainant and had mis-utilized the money to his benefit and even hampered the business of the complainant. This Court further finds that the details of only one of the cheques i.e., cheque No. 794335 dated 17.10.2004 amounting to ₹ 5,000/- was mentioned in the notice and so far as other cheque bearing No. 0689316 dated 05.11.2004 is concerned, it was simply stated that the same had bounced, but no further details of that cheque was given in the notice. Upon perusal of the entire notice, this Court finds that no demand was ever made by the petitioner asking the opposite party no. 2 to pay the cheque amount/amounts and accordingly, the learned appellate court has rightly held that the notice issued in the present case was not in conformity with the provision of Section 138 of the Negotiable Instruments Act. The law is well-settled that the complaint under Section 138 of the Negotiable Instruments Act is not maintainable, if no demand was made for payment of the cheque amount in the notice. In the present case also, the notice i.e., Ext.-7, even when read as a whole, does not reflect any demand for making payment of any amount much less the cheque amount - the judgment passed by the learned appellate court holding that complaint itself was not maintainable as the notice was not in accordance with the provisions of Section 138 of the Negotiable Instruments Act, is neither perverse nor illegal and the same does not call for any interference. This Court does not find any merit in the present criminal revision application, which is accordingly dismissed.
|