Pre-Condition Of Filing Complaint U/S 138 NI Act Not Fulfilled When Statutory Notice Of Demand Sent On Wrong Address
Case: Engineering Control Vs. Banday Infratech Pvt. Ltd
Coram: Justice Sanjay Dhar
Case No.: CRMC No.381/2018
Court Observation: “From the aforesaid record, it is clear that the respondent/complainant had mentioned wrong address of the petitioner/accused both in the statutory notice of demand as well as in the complaint because Priyag Apartment, Vasundra Enclave-96 is located in Delhi not in Jammu,”
“The proviso appended to sec 138 NI Act, imposes certain further conditions which are required to be fulfilled before cognizance of the offence can be taken. If the ingredients for constitution of the offence laid down in provisos (a), (b) and (c) appended to Section 138 of the Negotiable Instruments Act are intended to be applied in favour of the accused, there cannot be any doubt that receipt of a notice would ultimately give rise to the cause of action for filing a complaint. As it is only on receipt of the notice that the accused at his own peril may refuse to pay the amount. Clauses (b) and (c) of the proviso to Section 138 therefore must be read together. Issuance of notice would not by itself give rise to a cause of action but communication of the notice would.”
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Keywords
Pre-Condition Of Filing Complaint, Statutory Notice Of Demand
