The Tripura High Court acquitted the accused in a cheque dishonour case, ruling that the notice served on a family member did not comply with statutory requirements under Section 138 of the NI Act.
Tripura HC Acquits Accused in Cheque Dishonour Case Over Invalid Notice
The Tripura High Court has acquitted an individual charged with cheque dishonour under Section 138 of the Negotiable Instruments Act. The Court found that the complainant failed to fulfill the requirement of serving a valid statutory notice, thereby rendering the proceedings untenable.
The Court's examination revealed that the notice was not delivered directly to the accused but rather to a family member, contravening the provisions that stipulate direct service to the accused. This failure to adhere to statutory procedures renders the entire prosecution flawed and void.
This judgment serves as a crucial reminder for practitioners to ensure that all procedural requirements are meticulously followed, particularly regarding service of notices in dishonour cases. The ruling emphasizes the need for strict compliance with the provisions of the NI Act and highlights potential pitfalls in similar cases.
Citations
- Cheque Dishonour Case (2023) Tripura HC
