9911796707
TMI Blog2019 (9) TMI 1654X X X X Extracts X X X X X X X X Extracts X X X X ..... aside and the appeal is allowed. Dishonor of cheque - legal notice has been served on the respondent within the statutory period or not - remark noted on the cheque return memo - HELD THAT:- The facts would require the parties to produce evidence and are triable issues, as expounded by this Court in Ajeet Seeds Limited vs. K. Gopala Krishnaiah [ 2014 (8) TMI 464 - SUPREME COURT ] and in Laxmi Dyechem vs. State of Gujarat and Others [ 2012 (12) TMI 106 - SUPREME COURT ]. As a result, even this appeal ought to succeed. The impugned judgment and order is accordingly set aside and the appeal is allowed. Dishonor of cheque - service of legal notice within the statutory period or not - HELD THAT:- There are no manner of doubt that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally disposed of at notice stage. 3. The present appeal takes exception to the order dated 15th November, 2018 passed by the High Court of Madhya Pradesh, Indore Bench, thereby it allowed the application filed by the respondent for quashing of proceedings instituted against him under Section 138 of the Negotiable Instruments Act, 1881. The sole argument of the respondent commended to the High Court was that a legal notice was not duly served on him within the statutory period. 4. After hearing counsel for the appellant, we have no manner of doubt that the reason commended to the High Court, is unacceptable. For, the fact that notice was duly served on the respondent or otherwise, is a triable issue; and cannot be proceeded as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the appeal is allowed. 5. Consequently, the complaint shall now proceed against the respondent in accordance with law. 6. The parties shall appear before the Trial Court on 14th October, 2019 before the Trial Court. Crl.A. @ SLP(Crl.) Nos.137/2019 1. Leave granted. 2. Despite notices served on the respondent, he has chosen not to appear. The last notice clearly mention that the matter will be finally disposed of at notice stage. 3. The present appeal takes exception to the order dated 15th November, 2018 passed by the High Court of Madhya Pradesh, Indore Bench, against the respondent under Section 138 of the Negotiable Instruments Act, 1881 came to be quashed on accepting the sole argument of the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 482 of Cr.P.C. on two counts. Firstly, that the legal notice has not been served on the respondent within the statutory period and secondly, on the basis of the remark noted on the cheque return memo. 5. Both these facts would require the parties to produce evidence and are triable issues as expounded by this Court in in Ajeet Seeds Limited vs. K. Gopala Krishnaiah reported in (2014) 12 SCC 685 and in Laxmi Dyechem vs. State of Gujarat and Others reported in (2012) 13 SCC 375. As a result, even this appeal should succeed. The impugned judgment and order is accordingly set aside. 6. Consequently the complaint shall now proceed against the respondent in accordance with law. 7. The parties shall appear before the trial Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
