Sudhir Charak vs Shalini Puri & Ors
2024 Latest Caselaw 2147 j&K

Jammu & Kashmir High Court

Sudhir Charak vs Shalini Puri & Ors on 16 October, 2024

Author: Vinod Chatterji Koul

Bench: Vinod Chatterji Koul

                                           Sr. No. 121
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

CRM(M) No. 270/2022
c/w
CRM(M) No. 271/2022
CRM(M) No. 272/2022

Sudhir Charak                                   .... Petitioner/Appellant(s)

                        Through:-   None

                  V/s

Shalini Puri & ors.                                      .....Respondent(s)

                        Through:-   Mr. Pranav Kohli, Sr. Advocate with
                                    Mr. Vastav Sharma, Advocate

CORAM :      HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                 ORDER

16.10.2024

Today, no one has appeared on behalf of the petitioner.

In these petitions, the petitioner has challenged the proceedings

initiated by the learned Trial Court and the complaint filed under

Section 138 of Negotiable Instrument Act.

Mr. Pranav Kohli, learned senior counsel appearing on behalf of

the respondents submits that the proceedings initiated by the learned

Trial Court and the complaint have been challenged in these petitions

on the ground that notice of demand was not served. He further submits

that notice was received with the endorsement of the postal authority

"unclaimed" and according to the judgment passed by the Hon'ble

Supreme Court in Ajeet Seeds Limited vs. K. Gopala Krishnaiah

reported as (2014) 12 SCC 685, endorsement "unclaimed" amounts to

service in terms of the aforesaid judgment.

Since the petitioner is not present, therefore, awaiting his

appearance.

Adjourned.

List on 28.10.2024.

(VINOD CHATTERJI KOUL) Judge JAMMU RAM MURTI/PS 16.10.2024