Court at place where cheque in question is presented for encashment - Has jurisdiction to try offence - Notice sent by post returned by accused as "unclaimed" - Period of 15 days commences from such date.

Citation

AIR 1999 SUPREME COURT 3762

SUPREME COURT

(From : Kerala)*

K. T. THOMAS , J. and M. B. SHAH , J.

Criminal Appeal No. 1015 of 1999 (arising out of Spl. Leave Petn. (Cri.) No. 146 of 1999), 

D/- 29- 9 - 1999

K. Bhaskaran Appellant v. Sankaran

 Vaidhyan Balan and another Respondents.

(A)Criminal P.C. (2 of 1974), S.178(d), S.177, S.179 - Negotiable Instruments Act (26 of 1881),

S.138 - Cheque dishonour - Complaint regarding - Whether liable to be dismissed on grounds of

want of territorial jurisdiction of Magistrate Court - Raising of such question is an idle exercise

- It is difficult to fix up any particular locality as place of occurrence for offence.

The offence under S. 138 of the Act can be completed only with the concatenation of a number of

===(B)Negotiable Instruments Act (26 of 1881), S.138(1) Proviso Cl.(b), S.138(1) Proviso Cl.(c) - General Clauses Act (10 of 1897), S.27 - Cheque dishonour - Cause of action - Presumption of service of notice - Offence complete on failure of drawer to pay cheque amount within 15 days from date of giving notice - Notice sent by post returned by accused as "unclaimed" - Period of 15 days commences from such date - Notice is presumed to have been served - Failure of accused to rebut presumption - Accused is guilty of offence under S. 138.=== ===(D)Negotiable Instruments Act (26 of 1881), S.138, S.118, S.139 - Cheque dishonour - Accused denied having issued the cheque although he owned his signature therein - Presumption that cheque was made or drawn for consideration on date which cheque bears, arises - Holder of cheque presumed to have received it for discharge of liability - Burden is upon accused to rebut presumption. (Para 9)===