High Court Punjab-Haryana High Court

Narinder Kumar vs Smt. Gurdeep Kaur on 22 August, 2008

Punjab-Haryana High Court
Narinder Kumar vs Smt. Gurdeep Kaur on 22 August, 2008
Criminal Misc. No.712-MA of 2006                              -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH

                        Criminal Misc. No.712-MA of 2006
                        Date of decision : 22.8.2008

Narinder Kumar

                                                        .....Appellant

                        Versus
Smt. Gurdeep Kaur                                       ...Respondent

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CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present: Mr. V.K.Kaushal, Advocate for the appellant.

S. D. ANAND, J.

The appellant/complainant launched a prosecution under
Section 138 of the Negotiable Instruments Act against the

respondent/accused on the allegations that a cheque issued by the

latter in lieu of a liability bounced on account of insufficiency of funds

and the respondent did not pay up even after the statutory notice

had been delivered to her by post.

Learned Trial Magistrate recorded a finding that

appellant/complainant had not been able to prove that he was having

any dealings with respondent/accused. (“In the present case as

stated above the complainant has not produced any witness to prove

that the goods were ever supplied to the accused. No document/bill

has been produced and proved by the complainant for the supply of

the goods to the accused. Moreover, the complainant is not himself
Criminal Misc. No.712-MA of 2006 -2-

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sure whether he was having dealings with the accused or not. This

fact stands established from the cross-examination of Narinder

Kumar complainant. Narinder Kumar complainant appearing as

CW1 in his cross-examination has stated that Gurdeep Kaur is

dealing in Iron business, In the very next line he has shown his

ignorance regarding the fact whether Gurdeep Kaur is doing any

business or not and there after he has specifically stated that no

dealing ever took place with Gurdeep Kaur.”)

Apart therefrom, learned Trial Judge also noticed that

the appellant/complainant had not been able to prove that the

statutory notice Ex. C4 had been addressed to the

respondent/accused at her correct address. (“The next contention

raised by accused that no notice was ever served upon her and she

has never received any notice. However, the contention of

complainant is that legal notice Ex. C4 was issued to the accused

which was received back unserved, CW1 Narinder Kumar

complainant in his cross-examination has admitted that Gurdeep

Kaur is resident of House NO. 225. He has further admitted that

notice which was sent to the accused wasw addressed as House No.

255,100 Ft. Road. Perusal of the evidence Ex. C6 containing the

notice which was served upon the accused by the complaint shows

that the notice was sent to Gurmeet kaur w/o Harminder Singh r/o

255,100 feet Road, Sultanwind Road, Amritsar was received back

unserved. This fact and admission of the complainant clearly shows

that the notice was not served at the correct address of accused. As
Criminal Misc. No.712-MA of 2006 -3-

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such no presumption can be drawn that the accused was having the

notice regarding the dishonour of cheque and that the complainant

has demanded the amount. Reliance can be placed on Suresh

Kumar Vs. Sasi 2003(2) Civil Court Cases 531 wherein it has been

held that when the notice is returned as unclaimed no presumption of

service is available if notice is not addressed to the correct address.”

The view taken by the learned Trial Magistrate appears to

be in order. It does not suffer from the vice of non-application of

mind. There is nothing perverse in the manner of appreciation of

evidence by the learned Trial Magistrate.

Dismissed.

August      22, 2008                              (S. D. ANAND)
Pka                                                  JUDGE

Note: Whether to be referred to Reporter: Yes/No
Criminal Misc. No.712-MA of 2006 -4-

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