MIS. RAHUL BUILDERS versus M/S. ARIHANT FERTILIZERS AND CHEMICAL AND ANR.

As no demand was made for payment of the cheque amount in the notice, complaint under Section 138 of the Negotiable Instruments Act is not maintainable.

Parties: Appellant: M/s. Rahul Builders; Respondent No.1: M/s. Arihant Fertilizers and Chemical; Respondent No.2: Anr.
Jurisdiction: India
Judgment Date: 02 November 2007
Procedural Posture: Criminal Appeal / Final Judgment on Appeal From High Court Order
Outcome: Appeal dismissed
Legal Topics: Dishonour of Cheque, Service of Notice, Maintainability of Complaint, Interpretation of Statutes

Criminal Law Negotiable Instruments Dishonour of Cheque Service of Notice Maintainability of Complaint Interpretation of Statutes

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Parties

M/s. Rahul Builders

Appellant

M/s. Arihant Fertilizers and Chemical

Respondent No.1

Anr.

Respondent No.2

Procedural Posture

Criminal Appeal / Final Judgment on Appeal From High Court Order

Legal Issues

1 Whether failure to serve proper notice strictly in terms of proviso appended to Section 138 of the Negotiable Instruments Act leads to quashing of criminal proceedings
2 Whether notice issued by appellant meets statutory requirements under Section 138 proviso (b)

Ratio Decidendi

As no demand was made for payment of the cheque amount in the notice, complaint under Section 138 of the Negotiable Instruments Act is not maintainable.

Court Disposition

Appeal dismissed

Orders

No merit in appeal; appeal dismissed.