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10. Now itself it is appropriate to see the documents marked at Ex.P-Series and Ex.D-Series.

Ex.P-Series.

Ex.P.1 to Ex.P3 are the cheques in question. Ex.P.1(a) to Ex.P3(a) are the signatures of accused. Ex.P.4 to Ex.P.6 are the bank endorsements dated:15.11.2017. Ex.P.7 is the office copy of the legal notice dated:06.12.2017. Ex.P.7(a) is the RPAD receipt. Ex.P8 is the communication to postal department. Ex.P9 is the postal track consignment. Ex.P10 is the loan agreement dated 17.09.2017. Ex.P11 & Ex.P12 are the consideration receipt and on demand promissory note.

16. Now this court has to see whether the complainant has complied the ingredients of Sec.138 of N.I.Act or not? In this connection, Ex.P.1 to Ex.P.9 are relevant. Ex.P.1 to Ex.P3 are the cheques bearing No.611198, 611199 and 611200 dated: 16.09.2017, 19.09.2017 and 23.09.2017. Ex.P.4 to Ex.P6 are the bank endorsements dated:15.11.2017. Ex.P.7 is the office copy of legal notice dated:06.12.2017. Ex.P.7(a) is the RPAD receipt. Ex.P8 is the communication to postal department and Ex.P.9 is the postal track consignment.

19. 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.8 viz. postal track consignment. On perusal of this document, it appears to this Court that, the notice has been delivered on 09.12.2017. That apart, the accused examined himself as DW.1. In his examination in chief, he has deposed that he has not received notice from the side of complainant. However he has not disputed the address more fully described in Ex.P7. In other words, it is not the contention of the accused that the complainant has mentioned wrong address in Ex.P7. Therefore, it can be inferred that the notice issued by the complainant was duly served on the accused.

:ANNEXURE:

LIST OF WITNESSES EXAMINED BY THE COMPLAINANT:

P.W.1          :     Sri. Nayanendra P.


LIST      OF        DOCUMENTS          MARKED      ON     BEHALF      OF
COMPLAINANT:

Ex.P.1 to          : Original Chequed bearing No.611198, 611199
Ex.P.3              and 611200 dated 16.09.2017, 19.09.2017
                    and 23.09.2017.

Ex.P.1(a) to : Signatures of the accused.

Ex.P.3(a)

Ex.P.4 to          : Bank endorsements.
Ex.P.6

Ex.P.7             : Office copy of legal notice dated: 06.12.2017.
Ex.P.7(a)          : RPAD receipt.

Ex.P.8             : Communication to postal department.
Ex.P.9             : Postal track consignment.
Ex.P.10            : Loan agreement.
Ex.P.11            : Consideration receipt.
Ex.P.12            : On demand promissory note.