9911796707
TMI Blog2022 (2) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... d for want of sufficient funds in the bank account of the petitioner. The respondent issued a legal notice on 12.02.2009 by registered post with acknowledgement due and certificate of posting, demanding repayment of the cheque amount. Since the petitioner did not comply with the demand, he initiated action. 3. The trial Court after appreciating the evidence both oral and documentary, found the petitioner guilty of the offence under Section 138 of N.I. Act, sentenced him to pay fine of Rs. 1,25,000/- with default sentence of six months imprisonment. The trial Court ordered to pay a sum of Rs. 1,20,000/- to the respondent by way of compensation out of the fine amount. Aggrieved by the judgment of conviction, the petitioner preferred an appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest of the petitioner has been affected. Hence this revision petition is liable to be allowed. 6. Sri Bryen Stienberg, counsel for the respondent submits that the trial Court has properly appreciated the evidence. He takes me through para 15 of the judgment of the trial Court to argue that the trial Court has considered all the documents and has appreciated the evidence correctly. Actually the petitioner is a businessman and was regularly purchasing clothes from the respondent and in connection with one such transaction, he issued a cheque for Rs. 1,15,000/-. Ex. P.2 does not contain any interpolation as argued by the counsel for the petitioner. He further argued that the notice issued by the respondent before initiating action under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgument is difficult to be accepted, because once the petitioner admits his signature on the cheque, it does not matter if the cheque is filled up by somebody else. 10. So far as service of notice is concerned, the petitioner does not dispute the address written on the postal cover. Postal acknowledgment contains signature in Hindi. If the petitioner does not dispute the address and if the postal acknowledgment was returned after due service, it is deemed that the petitioner received the notice. Moreover as has been argued by Sri Bryen Stienberg, it is held by the Supreme Court in the case of C.C. Alavi Haji (supra) that once notice is sent by registered post by correctly addressing the drawer of the cheque, the service of notice is deemed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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