O P GAUR Vs. O P GOEL

JUDGEMENT

(1.) Appellant is aggrieved by the impugned judgment dated 22th November, 2001 passed by Sh. Rakesh Kumar Sharma. Metropolitan Magistrate, Delhi dismissing the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act against the respondent.

(2.) By the impugned judgment the learned Metropolitan Magistrate has held in favour of the appellant that indeed the respondent had a legal debt in the sum of Rs. 1,37,258/- to pay to the appellant and in satisfaction of the said debt issued three cheques in the sum of Rs. 57,000/-, 40,000/- and 40,238/-. When presented for the encashment the cheques returned back dishonoured by the banker. It was also held in favour of the appellant that as per the requirement of law he had issued the statutory notice calling upon the respondent to tender the amount covered by the three cheques within fifteen days of receipt of notice failing which action under Section 138 of the Negotiable Instruments Act would be initiated. It has been held that the said notice was posted within the period of limitation prescribed. The only issue which has been decided against the appellant is that it has not been proved that the statutory demand notice was sent at the correct address of the respondent and in that view of the matter the complaint of the appellant stood dismissed.

(3.) By the impugned judgment the learned Trial Judge has held that the notice of demand was issued at the following address: 160, MCD Quarters, Nimri Colony, Delhi-110007. But the acknowledgement due card, filed in support of the fact that the notice was duly received by the respondent/accused bears the address '160, Delhi Administration Quarters, Nimri Colony, Delhi'. It was thus held that this discrepancy shows that the notice was not served upon the respondent.