N PARAMESWARAN UNNI versus G KANNAN AND ANOTHER

First notice dated 12.04.1991 sent by registered post to correct address was deemed served and satisfied requirements of s.138 NI Act; second notice was only a reminder, did not affect validity; complaint filed within time under s.142, so s.138 attracted; High Court’s contrary finding set aside.

Parties: Appellant: N PARAMESWARAN UNNI; Respondent: G KANNAN; Respondent: another respondent
Jurisdiction: India
Judgment Date: 01 March 2017
Procedural Posture: Criminal Appeal / Supreme Court Judgment Disposing of Appeal
Outcome: Appeal allowed; High Court judgment set aside; directions issued for compensation in lieu of sentence.
Legal Topics: Dishonour of Cheque, Negotiable Instruments Act S.138, Notice Period, Reminder Notice, Presumption of Service

Criminal Law Banking Law Dishonour of Cheque Negotiable Instruments Act S.138 Notice Period Reminder Notice Presumption of Service

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Parties

N PARAMESWARAN UNNI

Appellant

G KANNAN

Respondent

another respondent

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment Disposing of Appeal

Legal Issues

1 Whether second notice issued beyond limitation period affects prosecution under s.138 NI Act
2 Whether reminder notice amounts to admission of non-service of first notice
3 Whether complaint under s.138 was filed within prescribed time

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment set aside; directions issued for compensation in lieu of sentence.

Orders

First respondent directed to deposit Rs.2,00,000 before Judicial First Class Magistrate-II at Alappuzha on or before 30.04.2017.
Out of Rs.2,00,000, Rs.1,30,000 to be paid to appellant as compensation.