Case Note & Summary
The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 1031 of 2009 registered at Shrirampur City Police Station, District Ahmednagar, for an offence under Section 138 of the Negotiable Instruments Act, 1881. The FIR was lodged by respondent No.2, Raman Kutti Nayar, alleging that a cheque issued by the petitioner was dishonoured. The petitioner contended that the demand notice was not served upon him, as the postal endorsement showed 'not claimed' and there was no evidence of actual delivery. The court, after hearing the parties, observed that the essential ingredient of service of notice under Section 138 was not satisfied. The court noted that mere dispatch of notice is not enough; the prosecution must prove that the notice was actually delivered or that the accused deliberately avoided service. Since the postal endorsement was 'not claimed' and there was no further evidence, the court held that the FIR was liable to be quashed to prevent abuse of process. The court allowed the petition and quashed the FIR.
Headnote
A) Criminal Law - Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Service of Notice - The petitioner sought quashing of FIR alleging dishonour of cheque. The court held that the demand notice was not properly served as the postal endorsement 'not claimed' was not sufficient to prove service. The court quashed the FIR as the essential ingredient of service of notice was missing. (Paras 1-5) B) Criminal Procedure Code - Inherent Powers - Section 482 - Quashing of FIR - The court exercised inherent powers to quash the FIR to prevent abuse of process of law, as the continuation of proceedings would be futile. (Para 5)
Issue of Consideration
Whether the FIR under Section 138 of the Negotiable Instruments Act, 1881 can be quashed on the ground that the demand notice was not properly served upon the accused.
Final Decision
The court allowed the petition and quashed the FIR No.1031 of 2009 registered at Shrirampur City Police Station.
Law Points
- Service of demand notice under Section 138 of Negotiable Instruments Act
- 1881 must be proved by actual delivery or proper postal endorsement
- mere dispatch is insufficient
- Quashing of FIR under Section 482 CrPC for abuse of process
