9-' ? 24, 25, 29 -40, 42-45, 47 -55, -5 7-5 8, 60, 62-68, 7 0, 7 2-85 % 13.09.2010 Prcscnt: Mr. V'K. Shailcndra for thc pctitioners' -l' CIIIMINAL REVTSION PETITIOIN NOS. 49712010. 498/2010. s02-sl3l20 s1s-s18i201 -s2812010 x I . 'I'hcsc rcvision pctitions arc dircctcd against thc ordcr datcd 18tl' May, 2010 rcfusing to takc cognizancc and summon thc accused in complaints filccl r-urctcr Scction 138 of thc Ncgotiablc Instrumcnts Act, 1B8l (thc Act, for short). lly thc irnpr-rgncc{ ordcr clated 18'l'May,2010, lcartlccl trial cor'rlt has clisrnissccl thc cornplaints, intcr alia, holding that no proof of dclivcry of noticc undcr Scction 138(b) oIthc Act has bccn placcd on rccorcl. Lcarncd coulscl for thc petiticlncr submits that thc pctitioncr had hlcd postal rcccipts issuccl by thc posl rfhcc for scnding of noticcs undcr Scction 138 proviso clausc (b) of thc Ac1. Ilc rclies upon the llvidcncc Act, 1872 and thc (icncral Clauscs Act, 1897. lIc has also plarccd rcliance on scvcral judgrncnts of thc Suprcmc Court including V. Ruiu Kumsri versus P' Stthbaramo Noitltt, (I04) B SCC Jll and /). Vinocl Shivappa versus Nunda tlettiappa, C2006).6 SCC-456. IIc submits that 1hc clucstion of scrvioo of noticc was not argucd and qucstioncd. llc statcs that arguttleils wo1c l-rcarcl on thc ,roint of tcrritoriat jurisdiction only. .[le subrnits that in casc thc qucstion of scrvicc of noticc had bccn raiscd by thc lcarncd triai r:clurt. hc woglcl harvc rcfclrcd to and rclicd upon thc aforesaid judgments ernc'l Scction ll4 of thc lividcncc Act, 1872 and Scction 27 of the Gencral Clauscs Act, iil97. IIc has drawn rrry attcntion to carlicr order passed by fa 533/2010. 535-541i2010. 543/2010. 545-558/2010 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified tlris Ccrurt in Crirninal l{cvision Pctition No.45212010 and othcr connected cascs on 30tl'Augult, 2010. 2. In vicw of the aforesaid position, thc irnpugned ordcr dated 18tl'May, 2010 is hcrcby sc1 asiclc and thc mattel is remandcd back to the learned trial cclurt lol fi-csh hcaring and dccision. Lcarned counsel for thc petitioner will bc cntitlcd to roly upon juclgmcnts and stalutory provisions in support of his contcntion. 3. It is clarificd that this Courl has not cxprcssed any opinion on mcrits ancl thc trial couri will pass an ordcr without being influcnccd by the obscrvations lnadc in this ordcr. 4. '1'he pctitioncr will appcat'bcfore thc trial coutl ott 5tl'Octobcr, 2010. 'fhc pctitions arc accordingly disposcd of' /c _,ll L- t tL SANJIV KHANNA, J. SIII'TIIMI}ER 13,2O1O VKR J :t|l