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

Ex.P-Series Ex.P.1 and Ex.P.2 are the cheques in question. Ex.P.1(a) and Ex.P.2(a) are the signatures of accused No.2. Ex.P.3 and Ex.P.4 are the 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 consignments. 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.788639, dated:06.09.2019 and Ex.P.2 is the cheque bearing No.788641, dated:20.09.2019. Ex.P.3 and Ex.P.4 are the bank endorsements dated: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.

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.

17. Learned counsel for the accused No.3 vehemently argued that, before filing the complaint, the complainant has not issued the legal notice to the accused No.3. Though accused No.3 is the Managing Director of accused No.1, the complainant has not issued the notice to accused No.3. The said flaw cannot be cured and the complaint filed by the complainant without issuing notice to accused No.3 is fatal and liable to be dismissed. He also pointed out that, without issuing notice to Managing Director, complaint cannot be filed.

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.