SRI T. RAMAPPA Vs. SRI S. KIRAN

JUDGEMENT

(1.) THE learned trial Judge has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), inter alia holding that legal notice caused by appellant (hereinafter referred as complainant') under section 138(b) of the Act was not served on accused and that accused had issued cheque in question to complainant as a security for certain transaction between complainant and accused. I have heard learned counsel for parties.

(2.) IT is not in dispute that complainant had sent legal notice to the correct address of accused under registered post acknowledgment due.

(3.) IN a decision reported in : (2008) 8 SCC 529 (in the case of Indo Automobiles v. Jai Durga Enterprises and Others), the Supreme Court has held: - -