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N. Parameswaran Unni v. G. Kannan & Anr.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 455 of 2006)Decided 1 Mar 2017
Criminal Appeal No. 455 of 2006
Justice N.V. Ramana · Justice Prafulla C. Pant

Background

The complainant had lent money to the respondent, who issued post-dated cheques that were later dishonoured for insufficient funds. The complainant sent an initial legal notice demanding payment within the time allowed by law and, when it went unanswered, sent a second notice before filing a criminal complaint under Section 138 of the Negotiable Instruments Act. The trial court convicted the respondent and the Sessions Court upheld the conviction, but the Kerala High Court, in revision, acquitted him on the technical ground that the notice, treating the later, second notice as the operative one, had been sent beyond the 15-day limitation period the Act requires.

Decision Breakdown

The Supreme Court held the High Court erred by treating the second notice as the relevant one. The first notice had been validly sent within the 15-day period required by Section 138's proviso and was deemed served once sent by registered post to the correct address: service is presumed even where the post office endorses it "refused" or "addressee absent." The second notice was merely a reminder with no bearing on the limitation calculation. Since the complaint was filed within time measured from the first, valid notice, Section 138 was clearly attracted, and the High Court's acquittal was set aside. Taking into account a settlement reached during the hearing, however, the Court directed the respondent to pay Rs. 2,00,000 (of which Rs. 1,30,000 would go to the complainant as compensation) by a fixed date, failing which the original conviction and three-month sentence would stand restored and his bail cancelled.

Lesson Learnt

For a cheque-bounce complaint, what matters for the 15-day notice-limitation clock is the first validly served demand notice sent after the bank informs the payee of dishonour, sending a reminder notice later does not reset or extend that clock, and a demand notice sent by registered post to the correct address is presumed served even if the postman reports the addressee as absent or refusing it.

Official source (sci.gov.in)View Judgment (PDF)

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