Case Note & Summary
The appellant-complainant filed a criminal appeal against the acquittal of the respondent-accused for the offence under Section 138 of the Negotiable Instruments Act, 1881. The trial court (JMFC Court No. 9, Pune) had acquitted the accused by judgment dated 27/01/1999, primarily on the ground that the mandatory statutory notice was not issued within 15 days of the complainant receiving information of dishonour, as required by the proviso to Section 138. The complainant challenged this finding, arguing that the notice was in fact issued in time. The High Court examined the evidence and found that the complainant had not proved the date on which he received the information of dishonour, nor the date of dispatch of the notice. The court noted that the burden was on the complainant to establish compliance with the statutory requirement, and he had failed to do so. Consequently, the court dismissed the appeal, affirming the acquittal. The court did not examine the other ingredients of the offence as the failure to prove timely notice was sufficient to uphold the acquittal.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Statutory Notice - Section 138, Negotiable Instruments Act, 1881 - The issue was whether the complainant had issued the mandatory statutory notice within 15 days of receiving information of dishonour. The trial court acquitted the accused on the ground that the notice was not issued in time. The High Court upheld the acquittal, holding that the complainant failed to prove that the notice was dispatched within the prescribed period. (Paras 1-6)
Issue of Consideration
Whether the trial magistrate was correct in observing that the statutory notice under Section 138 of the Negotiable Instruments Act was not given in time from the date of information as to dishonour.
Final Decision
Appeal dismissed; acquittal of the accused upheld.
Law Points
- Statutory notice under Section 138 of the Negotiable Instruments Act must be issued within 15 days of receipt of information of dishonour
- burden of proof on complainant to show timely notice
- acquittal upheld if notice not proved to be in time
