USHA @ RASHMI RAMESH BHADRE Vs. RAVIRAJ YUVRAJ CHAVAN

JUDGEMENT

(1.) Heard learned Advocate for the Petitioner-Complainant and learned Advocate for the Accused-Respondent No. 1.

(2.) The only issue arisen in this petition is "whether it can be said that the Complainant has complied with the provisions of Sec. 138(b) of the Negotiable Instruments Act relating to service of notice". Though the notice dtd. 5/6/2018 was sent, it returned back with a remark 'left address'. A copy of the envelope is on page no. 29. In fact the issue is no more res integra as it is already decided in case of C.C. Alvai Haji Vs. Palapetty Muhammed and Anr. 2008 (1) Mh. L.J. Still Learned Additional Session Judge, Kolhapur falls pray to the arguments advanced on behalf of accused and set aside the process on 25/4/2023.

(3.) According to the Complainant, the notice was sent on address which he found from the Aadhar card of the accused. A copy of the Aadhar card is on page no. 28. He has further pleaded in the complaint, in para no. 5 that in fact the accused is residing at the same address, but deliberately he has not accepted the notice.