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TMI Blog2020 (5) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... g to their rank before the trial court) 2. The case of the complainant in nutshell is as follows: The accused had borrowed an amount of Rs. 50,000/- from the complainant. Towards the payment of the said legally enforceable debt amount, the accused had issued a cheque on 11.11.2004. But the cheque when presented in the bank was dishonoured due to "stop payment" instruction by the accused. Though statutory notice demanding the said amount was issued to the accused, he did not make the payment even after receipt of the same. Hence, the complaint. 3. To substantiate the case, PW1 and PW2 were examined on the side of the complainant. Exhibits P1 to P8 are the exhibits marked on the side of the complainant. Exhibits D1 and D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, it should be a lawyer notice and the notice should be a signed notice. The literal meaning of 'notice' as per Chambers 20th Century Dictionary is "intimation:announcement:information:warning:a writing, placard, board etc. conveying an intimation or warning." As per the Oxford Advance Learners' Dictionary, New 9th edition, the 'notice' is interpreted as "paying attention, giving information, announcing, warning etc.." P. Ramanatha Aiyar's Concise Law Dictionary defines 'notice in writing' like this: "The word 'notice' denotes merely an intimation to the party concerned of a particular fact. It cannot be limited to a letter. Notice may take several forms. It must, to be sufficient, be in writing and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eunder: "7. Though, no form of notice is prescribed in the above Clause(b) the requirement is that notice shall be given in writing within fifteen days of receipt of information from the bank regarding return of the cheque as unpaid and in the notice a demand for payment of the amount of the cheque had to be made. 8. The object of notice is to give a chance to the drawer of the cheque to rectify his omission and also to protect honest drawer. Service of notice of demand in Clause (b) of the proviso to S. 138 is a condition precedent for filing a complaint under S. 138 of the Act. ………" 11. As held by the Apex Court, the requirement of giving notice to the drawer of the cheque is to enab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court. But I make it clear that no de nova trial is necessary in this case. If the accused wants to settle the matter with the complainant, the trial court should give him an opportunity. Otherwise, the learned Magistrate should allow the complainant and the accused to adduce any further evidence, if they wanted to adduce. After giving an opportunity to adduce evidence to both sides, the learned Magistrate should hear the parties and pass appropriate orders in accordance to law, in the light of the findings in this judgment. I make it clear that, I consider only the question whether Exhibit P5(D1) is a defective notice or not. If any other contention is there to the accused or complainant, the same can be raised before the trial court. Hen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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