TMI Blog2017 (9) TMI 1918X X X X Extracts X X X X X X X X Extracts X X X X ..... essary pre-condition for filing of the complaint under Section 138 of the Act. Therefore, it was incumbent upon the respondent to produce the said statutory notice on record to prove the same as well. In this case, this document was not even filed by the respondent along with the complaint, and the question of proving the same was, therefore, a far cry. In a case like this, we fail to understand a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent challenging the acquittal of the appellant by the Trial Court vide judgement dated 31.5.2000/1.6.2000 passed in complaint case that was lodged by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') The aforesaid complaint under Section 138 of the Act was filed alleging that the appellant herein was to pay a sum of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the respondent along with complaint, no effort was made to prove any of those documents. On that basis, the Trial Court held that the appellant was not able to establish the ingredients of offence under Section 138 of the Act. The High Court has accepted the aforesaid position, which is reflected from the reading of the impugned judgment itself, and relevant portion is reproduced herein: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt with the direction to permit the respondent to adduce further evidence giving full opportunity to the accused in accordance with law and decide the matter afresh. We are unable to agree with this approach of the High Court, in the facts of this case, which is inappropriate in law. The service of the statutory notice calling upon the drawer of the cheque (after it has been disowned) to pay th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in order to advance the cause of justice, such an approach is permissible and for this purpose he has relied upon the judgment of this Court in Zahira Habibullah Sheikh Anr. vs State Of Gujarat Ors. [(2004) 4 SCC 158]. We are afraid that the ratio of the aforesaid judgment cannot be extended to the facts of this case, particularly when we find that the present case is a complaint case filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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