TMI Blog2010 (2) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... Act') with a direction to undergo one year simple imprisonment with fine/damages of Rs. 3,00,000/-, in default of depositing the same, further 3 months simple imprisonment with further direction that on depositing such sum, the same be given to the Respondent/complainant. It is noted that in appeal in the sentence in default of depositing the aforesaid sum, has been set aside by the Appellate Court. The facts giving rise to this revision in short are that there was some regular loan transaction between the Respondent/complainant and the applicant. In connection of such transaction, to make payment to the Respondent, the applicant gave him a cheque of Rs. 3 lacs dated 28-1-2004 bearing No. 0009011 drawn from Union Bank of India, Bran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er findings of the trial Court were affirmed by the Appellate Court. Being dissatisfied with such judgment, the applicant has come forward to this Court with this revision. Shri Ashish Tiwari, learned Counsel of the applicant while arguing the case on admission, by referring the exhibited documents and the recorded evidence said that as per case of the complainant the impugned cheque was dishonoured and its information was received by the applicant from the bank through memo dated 31-1-2004 therefore the initial cause of action arose to the Respondent for issuing the demand notice on such date. As per provision of Section 138(b) of the Act, such demand notice was to be issued within thirty days from such date. A1 though, as per the avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . P/5. The same was returned back unserved with the endorsement that the addressee was not found on the mentioned address, on which, again a demand notice dated 26-2-2004 (Ex. P/6) was sent through registered post receipt Ex. P/7. The same was also received back unserved with the endorsement that the addressee was not found at the mentioned address. Accordingly, above mentioned both the notices were not served on the applicant, on which, the third notice dated 23-3-2004 (Ex. P/8) was sent to the applicant through registered post receipt Ex.P/9. As per the concurrent findings of both the Courts below, such notice was duly served on the applicant. After service of the aforesaid third notice within the prescribed period of 15 days, as per prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ked on account of his having gone elsewhere, etc. If in each such case the law is understood to mean that there has been No. service of notice, it would completely defeat the very purpose of the Act. It would then be very easy for an unscrupulous and dishonest drawer of a cheque to make himself scarce for some time after issuing the cheque so that the requisite statutory notice can never be served upon him and consequently he can never be prosecuted. There is good authority to support the proposition that once the complainant, the payee of the cheque, issues notice to the drawer of the cheque, the cause of action to file a complaint arises on the expiry of the period prescribed for payment by the drawer of the cheque. If he does not file a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary to the law in any manner. So far the case law cited by the applicant in the matter of Prem Chand (supra) is concerned, the same is also not helping to the applicant because in such case it was held as under: 11. The period of one month for filing the complaint will be reckoned from the day immediately following the day on which the period of fifteen days from the date of the receipt of the notice by the drawer expires. Undisputedly, the applicant had not made the payment of cheque within 15 days from the service of the demand notice dated 23-3-2004. Thus in view of aforesaid dictum, the impugned complaint of the applicant could not be deemed to be barred by time. Therefore, in view of above-mentioned discussion, I hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
