Complaint under section 138 cannot be quashed on ground that there was no proof of service of notice as same is matter of evidence

Negotiable Instruments Act: Complaint under section 138 cannot be quashed on ground that there was no proof of service of notice as same is matter of evidence

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[2014] 48 taxmann.com 333 (SC)

SUPREME COURT OF INDIA

Ajeet Seeds Ltd.

v.

K. Gopala Krishnaiah

SMT. RANJANA PRAKASH DESAI AND N.V. RAMANA, JJ.

CRIMINAL APPEAL NO. 1523 OF 2014†

JULY  16, 2014

Section 138 of the Negotiable Instruments Act, 1881, read with section 114 of the Evidence Act - Dishonour of cheque for insufficiency etc., of funds in account - A complaint was filed alleging that cheque issued by respondent-accused for repayment of a legally recoverable debt bounced - Process was issued and accused contended that demand notice was not served on him - High Court quashed complaint on ground that there was no recital in complaint that notice under section 138 was served upon accused - Whether since proof of service of notice is a matter of evidence, High Court erred in quashing complaint - Held, yes [Paras 11 & 13]

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