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TMI Blog2020 (5) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... notice in writing, to the drawer of the cheque . There is nothing in clause (b) of the proviso to Section 138 of the Negotiable Instruments Act to show that, it should be a lawyer notice and the notice should be a signed notice. The literal meaning of 'notice' as per Chambers 20th Century Dictionary is intimation:announcement:information:warning:a writing, placard, board etc. conveying an intimation or warning. - From the literal meaning of 'notice', it is clear that, nowhere it is stated that, a notice should be in a signed form. As stated above, Clause (b) of proviso to Section 138 of the Negotiable Instruments Act also not stipulates a signed notice in writing. What is stated in the proviso is giving a notice in writin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unhikrishnan, J. For the Appellant: B. Renjith Kumar, Adv. For the Respondent: Santhosh Peter, Sr. Public Prosecutor JUDGMENT P.V. Kunhikrishnan, J. 1. The above appeal is filed by the complainant in C.C. No. 19 of 2005 on the files of the Judicial First Class Magistrate-1, Harippad. The 1st respondent herein is the accused in the above case. The above case was filed by the appellant against the 1st respondent for prosecuting him under Section 138 of the Negotiable Instruments Act, 1881. (hereinafter the parties are mentioned according to their rank before the trial court) 2. The case of the complainant in nutshell is as follows: The accused had borrowed an amount of Rs. 50,000/- from the complainant. Towa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , whether a lawyer notice issued, without the signature of the lawyer can be treated as a defective notice. 7. There is no form of notice is prescribed under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act. The proviso only says that the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque . There is nothing in clause (b) of the proviso to Section 138 of the Negotiable Instruments Act to show that, it should be a lawyer notice and the notice should be a signed notice. The literal meaning of 'notice' as per Chambers 20th Century Dictionary is intimation:announcement:info ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use to reply to a defective notice. But in this case, a perusal of Ext. D1 notice, it is clear that, it makes a demand for the payment of the amount of money. In such circumstances, it cannot be said that Ext. D1 is a defective notice. 10. There are several decisions of this Court and Apex Court to strengthen the above findings. In Central Bank of India v. M/s. Saxons Farms Ors. [1999(3) KLT 484], the Apex Court observed that there is no form of notice prescribed under the Negotiable Instruments Act. The relevant portion of the above judgment is extracted hereunder: 7. Though, no form of notice is prescribed in the above Clause(b) the requirement is that notice shall be given in writing within fifteen days of receipt of informa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iating a prosecution under Section 138 of the Negotiable Instruments Act. 13. The defective notice is the main reason for acquitting the accused in this case. In this case, even though notice was issued by this Court to the accused, the accused refused to appear before this Court. Since the offence involved in this case is under Section 138 of the Negotiable Instruments Act and if the accused is intending to settle the issue, I think, an opportunity is to be given to him. For that purpose, this case can be remanded to the trial court. But I make it clear that no de nova trial is necessary in this case. If the accused wants to settle the matter with the complainant, the trial court should give him an opportunity. Otherwise, the learned Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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