LLOYDS REGISTER OF SHIPPING INDIAN OFFICESTAFF PROVIDENT FUND Vs. SARAV INVESTMENT AND FINANCIAL CONSULTANTS PVT LTD

JUDGEMENT

(1.) HEARD finally by consent of the learned Counsels on both sides.

(2.) I propose to decide all these writ petitions by common order as they arise out of common order passed by the learned Additional sessions Judge as also the learned Magistrate, though in different complaints.

(3.) THE main controversy is with regard to service of notice of demand, as is required to be made before filing the complaint under the provisions of Section 138 of the Negotiable Instruments Act. The relevant provision about requirement for serving the notice after the cheque is returned by the bank, unpaid, is contained in Clause (b) and (c) of Proviso to Section 138 of the Act, which reads thus:-