May 23, 2019:
HImachal Pradesh High Court has acquitted a person accused of cheque bounce on the premise that refusal to accept notice is not service of notice.
A bench of Justice Sureshwar Thakur has passed the order in the case titled as Praveen Kumar vs Atma Ram on 30.04.2109.
After dishonour of the cheque, the payee (complainant) through his counsel, issued, a, statutory notice, borne in Ex. CW1/ C, upon, the accused, detailing therein the afore factum. The notice was sent through registered AD, and, the postman concerned, made an endorsement therein, qua the addressee refusing to accept it. Complainant then filed the case for cheque bounce against the accused.
When the case reached the High Court, it observed and held as "Moreso, when the statutory coinage “receipt” occurring therein, cannot hold any signification, than qua, the statute explicitly contemplating qua it being imperative for the addressee, being validly served, and, contrarily when hereat no valid service of notice, is, made upon the noticee, rather an endorsement is occurring therein, qua his refusing to accept the notice, and, when no provisions analogous to the apt provisions borne in the Code of Civil Procedure, wherein it stands contemplated qua upon refusal of the litigant concerned, to, accept summons, he is deemed to be statutorily served, rather exist in the NI Act, (i) thereupon, for want of any provisions in the NI Act bearing likeness or similarity therewith, hence, the complainant, cannot derive any leverage therefrom, to, dehors, effectuation of, valid service, being made upon the noticee, hence institute the extant complaint, nor, thereupon, the order of acquittal recorded by the learned trial Court is to be concluded to be either invalid or unsustainable, contrarily the complaint is to be held to be premature".
Note: the aforesaid reasoning is apparently against the Statutory provision available in Section-27 of General Clauses Act and also contrary to the several decisions of Supreme Court.
Be that as it may, for convenient reading. a copy of this order is provided herein:
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