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Ex.P-Series Ex.P.1 and Ex.P.2 are the cheque in question. Ex.P.1(a) and Ex.P.2(a) are the signature of accused No.2. Ex.P.3 and Ex.P.4 are bank endorsements. Ex.P.5 is the office copy of the legal notice dated:07.11.2019. Ex.P.5(a) and Ex.P.5(b) are the RPAD receipts. Ex.P.6 and Ex.P.7 are the postal track consignment. Ex.P.8 is the certified copy of GST registration certificate. Ex.P.9 is the Company Master Data. Ex.P.10 to Ex.P.17 are the Invoices. Ex.P.18 to Ex.P.25 are E-way bills. Ex.P.26 is the certificate U/Sec.65B of Evidence Act. Ex.P.27 is the extract of account ledger. Ex.P.28 is the E-mail communication 4 in numbers. Ex.P.29 is the notice sent through e-mail. Ex.P.30 is the Whatsapp chats with accused No.3. Ex.P.31 is the Whatsapp chats with accused No.2.

14. Now this court has to see whether the complainant has complied the ingredients of Sec.138 (a) to (c) of N.I.Act or not? In this connection, Ex.P.1 to Ex.P.5, Ex.P.5(a) and Ex.P.5(b), Ex.P.6, Ex.P.7 and Ex.P.29 are relevant. Ex.P.1 is the cheque bearing No.788635, dated:07.08.2019 and Ex.P.2 is the cheque bearing No.788636, dated:14.08.2019. Ex.P.3 and Ex.P.4 are the bank endorsements dated:11.10.2019 and 14.10.2019. Ex.P.5 is the office copy of legal notice dated:07.11.2019. Ex.P.5(a) and Ex.P.5(b) are the RPAD receipts. Ex.P.6 and Ex.P.7 are the Postal Track Consignments. Ex.P.29 is the notice sent through e-mail to the accused Nos.2 and 3.

15. A scrupulous perusal of Ex.P.1 and Ex.P.2 coupled with Ex.P.3 and Ex.P.4, it appears to this court that, the complainant has presented the cheques in question for encashment within the stipulated period. Further, the said cheques got bounced on 11.10.2019 and 14.10.2019 respectively. Therefore, it is crystal clear that, the complainant has presented the cheques in question for encashment within the stipulated period.

16. Now, the next question before this court is whether the complainant has issued the notice in accordance with law or not? In order to answer this aspect, it is appropriate to take Ex.P.5, Ex.P.5(a), Ex.P.5(b), Ex.P.6, Ex.P.7 and Ex.P.29. Ex.P.5 is the office copy of legal notice dated:07.11.2019. Ex.P.5(a) and Ex.P.5(b) are the RPAD receipts. Ex.P.6 and Ex.P.7 are the Postal Track Consignments. Ex.P.29 is the notice sent through e-mail to the accused Nos.2 and 3.

21. Now, the next question before this court is whether the legal notice issued by the complainant was served on the accused or not?. In this connection it is appropriate to take Ex.P.6 and Ex.P.7, the postal track consignments and Ex.P.29 ie., E-mail communication. On perusal of Ex.P.6 and Ex.P.7, it appears to this Court that, the notice has been duly served on the accused No.1 on 14.11.2019. Further, notice sent to accused No.3 through e-mail was duly served on him. It is relevant to note that, during the course of cross-examination of PW.1, Ex.P.29 was not challenged. In other words, Ex.P.29 is remained as unchallenged. Further, there was no suggestion regarding the e-mail address mentioned in Ex.P.29 is not pertaining to the accused No.3. Therefore, it is crystal clear that the complainant has issued the legal notice not only to the accused No.1 but also accused No.3 and the same has been duly served on the accused Nos.1 and 3. Therefore with great respect the decisions relied by the learned counsel for accused No.3 will not come to his aid and the said decisions are rendered in a factually distinguishable case.