K. SATISH KUMAR Vs. THE STATE

JUDGEMENT

(1.) Crl. M.C. No. 4170/2014 & Crl. M.A. No. 14341/2014

(2.) THIS petition impugns the order passed by the court below on 08.08.2014 in C.C. No. 4514/10 in connection with a complaint lodged by the second respondent against the petitioner under Section 138 of the Negotiable Instruments Act in respect of a cheque of Rs. 20 lakhs allegedly issued by the petitioner on 08.01.2007 in favour of the respondent. A perusal of the complainant lodged by respondents 2 and 3 shows that the cheque in question was returned by memo dated 13.04.2007 on the ground that the same was dishonoured due to insufficient funds; and that notice in terms of Section 138 of the Act was served on the petitioner on 17.05.2007. It is, inter alia, the stand of the petitioner that, admittedly, the legal notice, stated to have been served by the complainant under Section 138 demanding payment, has been served only on 17.05.2007, even though the factum of the actual date of service of that notice has not been demonstrated even prima facie, in the sense that the acknowledgement card in proof of due service has not been exhibited despite the averment that the notice was served through the registered post.

(3.) ON the issue of address of the petitioner, counsel for the petitioner has referred to the orders passed by the Court below initially on 3rd March, 2008 where it was noted that process could not be served on the petitioner and was returned with the report, 'left that address'. Thereafter, the complainant's submission that he has fresh address of the petitioner was noted by the Court, and the respondent/complainant was directed to the file fresh address with an amended memo of parties; and that the process be issued on that address. A copy of the amended memo of parties was then filed by the respondent/complainant on 25th March, 2008 which shows the then current address of the petitioner as 164, 2nd Main, first block, R.M.V. 2nd Stage, Banglore -94.