ISAKSAB HATELSAB MOKASHI Vs. VINAY

JUDGEMENT

(1.) Petitioner is before this Court seeking quashing of the entire proceedings pending against him in C.C.No.117/2021 on the file of the Court of Principal Civil Judge and JMFC, Bailhongal, registered for offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I.Act').

(2.) The contention of the learned counsel for petitioner is that the legal notice issued to the petitioner has not been served upon him and therefore, there is no cause of action which arose for the complainant to file a complaint against the petitioner. He contends that the notice sent to petitioner is returned on the ground that the addressee is not residing and therefore, contends that the mandatory requirement of Sec. 138 of N. I. Act has not been complied.

(3.) Respondent filed a complaint against the petitioner/accused alleging an offence punishable under Sec. 138 of N. I. Act stating that a cheque issued by him towards a legally enforceable debt for a sum of Rs.3,50,000.00 was dishonoured and the said amount was not paid in spite of issuance of a legal notice.