Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 1304 - MADHYA PRADESH HIGH COURTDishonour of Cheque - service of notice - whether no proceeding under Section 138 of the Negotiable Instrument Act can be initiated against a person to whom notice under section 138(b) of the N.I. Act has not been given? - HELD THAT:- On a perusal of the impugned order passed by the learned JMFC and on a perusal of the evidence of Shri Kundan Kumar Singh (D.W.1)- Manager, Union Bank of India, it is revealed that the cheque (Ex.P/5) was issued against the current account No.5273010100503096 of Pushpshree Medical Store and its proprietor is Jitendra Kumar Verma. The cheque was drawn by him but the applicant instead of issuing any notice to Jitendra Kumar Verma, initiated all the proceedings including issuance of notice against Devendra Kumar Verma. As cheque in question was not issued by Jitendra Kumar Verma and it is not of his account. The learned JMFC has not committed any error in dismissing the application under Section 319 of the Cr.P.C. as giving of notice under Section 138(b) of N.I Act is the first and foremost requirement of initiating the complaint under section 138 of the Negotiable Instruments Act. Therefore, no fault is visible in the impugned order passed by the learned JMFC. This petition being devoid of merit, is hereby dismissed.
|