Supreme Court of India
Sainaba v. State of Kerala
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What the Court ordered
Consequently, the present appeal is allowed and the impugned judgment of the High Court is set aside. The judgement passed by the Trial Court sentencing respondent No.2 to undergo simple imprisonment for six months and to pay a fine of Rs.3,00,000/-, with a default stipulation of further imprisonment stands restored.
Judgment, 36
In brief
Respondent No.2 borrowed Rs.3,00,000/- from the appellant-complainant and issued a cheque drawn on the Catholic Syrian Bank, Perumbavoor Branch, towards repayment, which was dishonoured on presentation. The appellant sent a statutory demand notice dated 31st August 2016 by registered post to the correct address of respondent No.2, where it was received by his mother; no payment was made and no reply was sent. Respondent No.2 never disputed the correctness of that address — he appeared on summons served at the same address, his vakalatnama and his appeal and revision petitions bore the same address, and he raised no objection to the address in his Section 313 CrPC statement, nor did he claim that he lived separately from his mother or was on inimical terms with her.…
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