9911796707
|
Home
Issues:
1. Timeliness of filing the complaint under Section 138 of the Negotiable Instruments Act. 2. Liability of the drawer under Section 138 in case of a filled-up cheque. 3. Interpretation of the period of limitation for filing a complaint under Section 138 with reference to the service of notice. Analysis: 1. The appellant filed a complaint under Section 138 of the N.I. Act against the respondent, alleging dishonor of a cheque. The Court found that the complaint was filed beyond 30 days of the date when the cause of action arose based on the first notice sent after the second presentation of the cheque. Additionally, discrepancies in ink and handwriting on the cheque were noted. 2. The Court clarified that even if a cheque is filled up by someone other than the drawer, the drawer cannot evade liability under Section 138 unless they provide evidence to rebut the presumption against them. In this case, such evidence was lacking, making the acquittal on this ground unsustainable. 3. The crux of the issue revolved around the timeliness of the complaint filing based on the service of notices. The first notice, which did not reach the addressee, did not trigger the cause of action. The Court emphasized that a written notice, as per statutory requirements, is necessary to initiate the cause of action under Section 138. The second notice, which was received by the accused, led to the filing of the complaint within the prescribed period of limitation. 4. Referring to legal precedents, the Court highlighted that the cause of action under Section 138 arises only once, typically upon the failure to make payment within fifteen days of receiving a valid notice. In this case, since the first notice did not reach the drawer, the cause of action was deemed to have arisen only upon the receipt of the second notice, leading to the conviction of the respondent under Section 138. 5. Consequently, the respondent was convicted under Section 138 and sentenced to undergo imprisonment until the rising of the Court, along with a compensation amount. The Court allowed the appeal, setting aside the acquittal and finding the respondent guilty based on the evidence of dishonor of the cheque and failure to pay the amount despite the demand in the second notice. This detailed analysis of the judgment from the Kerala High Court provides insights into the interpretation and application of provisions under the Negotiable Instruments Act, specifically focusing on the timeliness of filing complaints and the liability of drawers in cases of dishonored cheques.
|
