RANJEET SINGH SAJWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present proposed Revision has been filed challenging the concurrent findings of conviction and the sentence, imposed on the proposed revisionist-accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, "the Act").

(2.) Heard Mr. Lokendra Dobhal, learned counsel for the revisionist and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

(3.) Mr. Lokendra Dobhal, learned counsel for the proposed revisionist, submitted that the case of the respondent no.2-complainant is that before filing the complaint, under Sec. 138 of the Act, a notice was sent by the complainant. The said notice was served upon the wife of the proposed revisionist-accused. The learned counsel for the revisionist submitted that the service of notice on the revisionist's wife cannot be treated as compliance with the mandate of law. In support of his submission, he has relied upon a judgment, passed by the Hon'ble Supreme Court in the case of "M.D. Thomas vs.P.S. Jaleel and Another", (2009) 14 SCC 398.