1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.232 of 2009 Shri Shirish Abasaheb Khedekar ... Applicant (Orig.accused) v/s. Shri Madhukar Krishnarao Kendurkar & anr. ... ... Respondents (No.1 orig. complainant) Mr.T.D. Deshmukh for Applicant. Mr.Madan W. Joshi for Res.No.1. Mr.S.R. Shinde, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 30th November 2009 P.C. : 1.The accused has been convicted in the Court of the learned Magistrate and thereafter in the Sessions Court for offence punishable under Section 138 of the Negotiable Instruments Act. The accused had issued 3 cheques, which came to be dishonoured on 6.7.2009. The cheques bear three separate dates 1.3.2005, 31.5.2005 and 1.6.2005 for Rs.30,000/-, Rs.66,600/- and Rs. 24,800/-, respectively. The notices were sent to the Applicant/accused. These notices have been refused and returned accordingly. 2.It has been the case of the Applicant in this Revision 2 Application that the notices have not been served upon him because the addresses have been incorrect. The accused/Applicant has sought to show his residential address in his ration card and his office address in his visiting card. The notices have been sent to both these addresses. The residential address in the ration card is shown to be 1154/B, Sadashiv Peth, Pune-411 030. The address on the envelope of the notice sent by Registered Post, shows Sadashiv Peth as well as Ranade Wada. It also shows the correct pin number as 30 of Pune city. Instead of 1154/B , it shows 1154 . However, since the name of the addressee is shown, the Postal Authority can and has delivered the envelope to the correct addressee. 3.The office address on the visiting card of the accused is 1143 Sadashiv Peth, Yash Laxmi Co-operative Housing Society, Near Perugate police chowky, Pune-411 030 . The address on the notice sent by Registered Post shows 1143 Sadashiv peth, near Perugate Police Chowky, Yash Laxmi Co-operative Housing Society, Pune-411 030 . The entire address is correct except the number 143 . That number is shown instead of 1143 . The addressee at Sadashiv Peth carrying on business mentioned on the envelope of the notice as the proprietor of Shree Tours & Travels in Yash-Laxmi Co-op. Housing Society can be only a single addressee who can be and has been served 3 by the Postal Authority despite a slight error in the number of the building of Sadashiv Peth. Since the name of the building is shown, the inadvertent error, which may be in the number, does not matter. 4.It is seen that on both the envelopes a slight error is made. Instead of 1154/B , 1154 is mentioned. Instead of 1143 , 143 is mentioned. The rest of the address is the same. Both these addresses are in the same locality. The Pin Code is the same. The Peth is the same. The name of the Wada as well as the Society is mentioned. The defence that the accused did not receive the notice is dishonest and moonshine. 5.It is seen that the two concurrent findings of Courts below have considered all the aspects of the liability of the accused as also service of the notice. There is no material irregularity in these orders. The Criminal Revision Application is dismissed. 6.Interim order granted earlier stands vacated. The accused/Applicant shall be taken in custody to serve out the sentence imposed by the trial Court. (SMT.ROSHAN DALVI, J.)