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TMI Blog2018 (1) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... heque issued by the revision petitioner herein and the case of the complainant before the trial Court is that the accused borrowed a sum of Rs. 8,00,000/- from the complainant. The accused issued a cheque bearing No.000276 dated 19.04.2011, drawn on Kotak Mahindra Bank Limited, T.Nagar Branch, Chennai for Rs. 8,00,000/- in favour of the complainant. The complainant when placed it for collection with his banker, Allahabad Bank, Jawahar Nagar, Egmore, Chennai on 19.04.2011 the same returned unpaid with endorsement "Account closed". The complainant sent a legal notice dated 26.04.2011 to the accused. On 11.05.2011 the postal cover containing legal notice returned unserved with an endorsement "Intimation delivered unclaimed". On the side of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven after the intimation was delivered to the accused, he had not claimed it from the post office and subsequently returned the postal cover containing notice unserved to the complainant. 6. Aggrieved against the conviction and sentence passed by the trial Magistrate, the revision petitioner preferred in C.A.No.151 of 2013 and after due consideration and re-appreciation of evidence on record, dismissed the Criminal Appeal and hence, the Criminal Revision. 7. The Points for determination of this appeal is that:- i) Whether the order of conviction laid by both the Courts below is sustainable in law? ii) Whether the sentence award is excessive? 8. The learned counsel appearing for the revision petitioner could contend that there is a mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , non service of the legal notice is fatal to the criminal prosecution. 13. Per contra, the contention of the first respondent/private complainant is that only in respect of the pin number, there was an error has been crept in. However, the postal department has been dutiful in taking the steps and serving the same with the apartment wherein, the revision petitioner is residing and after delivering the postal intimation to the security man in the said apartment. As the revision petitioner has not chosen to collect the registered letter as per the postal intimation and hence service is held to be sufficient. 14. The short point that arises for consideration in this Criminal Revision is: Whether there is proper compliance of the service o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en served has to be decided during trial and the complaint ought not to be dismissed at the threshold on the purported ground that there was no proper service of notice". 17. After considering the legal preposition as laid down by the Apex Court and on the factual of the background on this case, it is seen that the narrow point that needs to be addressed by this Court is that:- Whether there was a proper compliance of service of statutory notice as mandated under Section 138 of the Negotiable Instruments Act? 18. Under the statutory scheme, after the amendment into the Negotiable Instruments Act wherein introduction of Section 138 to 144 in the Negotiable Instruments Act is made. The statutory scheme un-mistakenly shows, the burden is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the revision petitioner has not collected the above postal cover from the concerned post office. 21. After going through the evidence of P.W.4, Post Master of the Park Town in Chennai in whose jurisdiction area, the revision petitioner is stated to be living and the address mentioned in the Ex.P3, cover Door number is clearly mentioned, street name is properly mentioned and further deposed that he met with the security man of the said apartment and he is duly served the intimation card upon him and there is nothing worthwhile has been elicited in the cross examination to descredit his evidence and even for a Court question, he is answered as narrated above. 22. In view of the clear and categorical evidence of P.W.4 independent witness ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above Supreme Court judgment to the facts of the case, I hold that the service is sufficient and similar, I do not find any illegality or irregularity warranting interference of this Court in the revisional jurisdiction finding arrived at by Court below. 23. Before departing, it remains to be stated that with regard to the borrowal of money and issuance of cheque and the dishonour of the cheque D.W.1 and D.W.2, the revision petitioner who are middle man for which who are common fronts for the parties herein have clearly spoken to about the fact and also the revision petitioner never denied the above said factum. 24. In view of the above discussion, I do not find any material to interfere with the conviction and sentence passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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