Case Note & Summary
The petitioner, Mohd. Jahir Mohd. Shikur, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, seeking quashing of FIR No. 1136 of 2018 registered at Jintur Police Station, District Parbhani, for offences under Section 138 of the Negotiable Instruments Act, 1881. The petitioner was the drawer of a cheque that was dishonoured. The respondents, including the State of Maharashtra and the complainant Ejjat Khan and others, opposed the petition. The core legal issue was whether the mandatory notice of dishonour under Section 138 proviso (b) was served within 15 days of the dishonour of the cheque. The petitioner argued that the notice was not served within the prescribed period, making the complaint not maintainable. The respondents contended that the notice was validly served. The court examined the dates: the cheque was dishonoured on 10th August 2017, and the notice was allegedly sent on 28th August 2017, which was beyond the 15-day period. The court held that the notice was not served within the mandatory period, and therefore the complaint under Section 138 was not maintainable. The court quashed the FIR and all consequential proceedings. The decision was in favour of the petitioner (accused).
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Notice Requirement - Section 138 - Mandatory notice under proviso (b) must be served within 15 days of dishonour - Failure to serve valid notice within the prescribed period renders the complaint not maintainable - Held that the proceedings are liable to be quashed (Paras 5-8).
Issue of Consideration
Whether the FIR and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 can be quashed when the mandatory notice of dishonour was not served within the prescribed period of 15 days from the date of dishonour of cheque.
Final Decision
The court quashed FIR No.1136 of 2018 registered at Jintur Police Station and all consequential proceedings therein.
Law Points
- Notice under Section 138 NI Act must be served within 15 days of dishonour
- Service of notice must be in accordance with Section 138 proviso (b)
- Complaint under Section 138 NI Act must be filed within one month of cause of action
- Quashing of FIR for non-compliance with mandatory requirements
