Ni act
surendrababu
(Querist) 23 January 2015
This query is : Resolved
Sir
1. I have filed the Affidavit of the complainant in lieu of chief examination in NI Act case. The affidavit was not signed on each page but signed at the end of verification, the court has recorded and defence counsel has crossed the complainant. Is the affidavit is a valid one?
2. In NI Act I have sent a regd post with ack due after the dishonour of the cheque., third party in the house of accused received the notice by signing the acknowledment. Is is valid?
Kindly give me clarification with citations if any.
Thanking you
with regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2015
May be that accused advocate did not notice and hence not raised the issue in cross so you may be overlooked.
However there is no excuse for non delivery of notice to accused. There are specific judgments of higher courts in this matter.
Rajendra K Goyal
(Expert) 23 January 2015
If the issue was not raised and you have been crossed, presently overlook the mistake.
The notice may not be considered delivered.
ajay sethi
(Expert) 23 January 2015
affidavit ought to bear initials on each page of the deponent . since accused has not raised issue keep silent
we dont provide citations
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2015
EXPERT Mr Rajendra Goyal will you please tell under which provision of NI act the notice to any other person than accused for cheque bounce can be presumed as delivered.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2015
FOLLOWING THE PART OF 2009 JUDGEMENT OF SC IN THE MATTER OF SERVICE OF NOTICE TO OTHER PERSON AND NOT THE ACCUSED.
In the present case, the notice of demand was served upon the wife of the appellant and not the appellant. Therefore, there is no escape from the conclusion that complainant-respondent had not complied
with the requirement of giving notice in terms of Clause (b) of proviso to Section 138 of the Act.
Unfortunately, the High Court overlooked this important lacuna in the
complainant’s case. Therefore, the conviction of the appellant cannot be sustained. In the result, the appeal is allowed.
The impugned order is set aside and the order of acquittal passed by the Trial Court is restored.
SUPREME COURT OF INDIA 2009.
