Tuesday, 10 September 2019

Whether prosecution for dishonour of cheque can be quashed on ground that notice was not served within statutory period?

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 indisputable position-as is expounded
by this Court in ‘Ajeet Seeds Limited vs. K. Gopala
Krishnaiah’ reported in (2014) 12 SCC 685.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1325 OF 2019

KISHORE SHARMA  Vs  SACHIN DUBEY 

Dated:SEPTEMBER 03, 2019

1. Leave granted.
2. Despite successive notices served on the
respondent, he has chosen not to appear. The last
notice clearly mentioned 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, 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 indisputable position-as is expounded
by this Court in ‘Ajeet Seeds Limited vs. K. Gopala
Krishnaiah’ reported in (2014) 12 SCC 685.
5. Accordingly, the impugned judgment and order
is set aside and the appeal is allowed. 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.

(A.M. KHANWILKAR)
..................,J.
(DINESH MAHESHWARI)
NEW DELHI
SEPTEMBER 03, 2019


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