Yudhisthir Kumar Sharma vs Ranjeet Singh
2023 Latest Caselaw 7575 MP

                                   1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                        ON THE 9 th OF MAY, 2023
                 CRIMINAL REVISION No. 1655 of 2023

BETWEEN:-
YUDHISTHIR KUMAR SHARMA S/O SHRI LATE
LABHCHANDRA SHARMA, AGED ABOUT 75 YEARS, R/O
VILLAGE CHAK JAURASI, PARGANA DABRA, GWALIOR
(MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI RAVI SHANKAR BANSAL - ADVOCATE)

AND
RANJEET SINGH S/O SHRI SUKHVINDER SINGH, AGED
ABOUT 31 YEARS, R/O VILLAGE BADKI SARAYAN TESIL
CHINORE, GWALIOR (MADHYA PRADESH)

                                                               .....RESPONDENT
(BY SHRI ANANT KUMAR BANSAL - ADVOCATE FOR THE RESPONDENT)

      This revision coming on for admission this day, th e court passed the
following:
                                    ORDER

This revision under Section 397 r/w 401 of Cr.P.C. has been filed by the

petitioner against the order dated 24/01/2023 passed by IIIrd Additional Sessions Judge, Dabra, District- Gwalior (M.P.) in Criminal Appeal No.4345/2022 affirming the order dated 18/10/2022 passed by JMFC, Dabra, District- Gwalior (M.P.) whereby the petitioner has been convicted under Section 138 of Negotiable Instruments Act and sentenced to suffer six months' RI with a compensation of Rs.9,62,000/- with default stipulation.

Brief facts of the case are that main grievance of the petitioner is that as

per respondent, he sent a registered notice to him on 03.10.2018. As per trial Court's judgment in para no.17, he could not produce any acknowledgement slip on behalf of the petitioner relying upon the judgment of Hon'ble Apex Court in the case of (Ms. Ajeet Seeds Ltd. Vs. K. Gopala Krishnaiah AIR 2014 SC 3057) before trial Court on the deemed service. As per petitioner, in the aforesaid law, it has been laid down that on the date of sending a registered notice after 30 days deemed service should be presumed. As per respondent, he issued notice on 03.10.2018 deemed service is to be assumed on 02.11.2018. Thereafter 15 days after 17.11.2018 he can file compliant, but he filed complaint under Section 138 of NI Act on 02.11.2018 much earlier the

date i.e., 17.11.2018.

Learned counsel for the petitioner submitted that the impugned order is ex-facie illegal and contrary to the record available. Complainant only exhibited the documents i.e., cheque, return memo, notice dated 03.10.2018 and postal receipt dated 03.10.2018, therefore, trial Court in his judgment para 17 as well as appellate Court in his judgment para 17 and 18 found that complainant filed the Ex. 4 postal receipt therefore, deemed service presumption in favour of complainant. In support of his contention, learned counsel for the petitioner has relied upon the judgment passed by the Apex Court in the case of Yogendra Pratap Singh Vs. Savitri Pandey (2014) 10 SCC 713.

Learned counsel for the respondent made submission that he had submitted internet copy of the acknowledgment of petitioner but during trial, petitioner objected that it is not signed by appropriate authority. Hence, it could not be exhibited but notice has been received by petitioner on 15.10.2018 they were not come before trial Court with clean hands.

Heard learned counsel for the parties and perused the impugned

judgment.

Looking to the aforesaid facts and circumstances of the case, on depositing the amount of Rs. 4,00,000/-, order dated 24.01.2023 and 18.10.2022 passed by the trial Court as well as appellate Court are set aside and remanded back to trial Court giving opportunity to respondent to adduce the evidence in regard to service of notice to him. Trial Court is directed to decide the matter within two months.

With the aforesaid, the revision stand disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan ADNAN Digitally signed by ADNAN HUSAIN ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

HUSAIN GWALIOR, 2.5.4.20=43f3ff8f444225f9f0d9c30497105ab b80e91238ac53cf96a7b005e256158275, postalCode=474001, st=Madhya Pradesh, serialNumber=922E3DC382E0127257CE0DC

ANSARI C4E29CD410E0BF39FAB6AA6DCB81675BB2 AF2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.05.11 10:04:12 +05'30'