KAILASANATHAN K G Vs. SAJISH BABU ALIAS KUTTAN

JUDGEMENT

(1.) The complainant is in appeal. His complaint filed under S.138 r/w 142 of Negotiable Instruments Act ended in acquittal under S.255(1) of CrPC. The case of the prosecution is that the accused owed an amount of Rs.60,000/- and to discharge that debt Ext. P2 cheque dated 18/03/2004 was issued. When presented for encashment, it was dishonoured on the ground of insufficiency of funds. On receipt of the dishonour memo, statutory notice was sent by registered post on 12/04/2004. The registered postal cover was returned 'unclaimed'. That returned postal cover, Ext. P5, was delivered to the complainant only on 27/04/2004. The complaint was filed on 03/06/2004. The Court below found that the period should be reckoned from 15/04/2004 itself which was the date on which the notice was stated to have been refused or unclaimed by the addressee. Accepting that contention, the learned Magistrate acquitted the accused under S.255(1) of CrPC.

(2.) The short, but important question that arises in this case is whether the period prescribed for filing complaint under S.142 of Negotiable Instruments Act should commence from 15/04/2004 - the date on which the notice was refused or left unclaimed; or whether it should commence from 27/04/2004 - the date on which the refusal was notified by delivering the returned postal cover.

(3.) Ext. P5, the returned postal cover shows that the postman served an intimation on 15/04/2004 so as to enable the addressee to collect the postal articles registered in his name. According to the accused, since the notice was ultimately returned unserved, it must be presumed that the addressee refused to receive the notice on 15/04/2004 itself and hence that date should be reckoned as the date from which period of 15 days for effecting payment of the cheque amount to the complainant should be computed.