2018 ACD 36 (KER) ::(2017) 3 Ker LT 858 ::(2017) 4 Ker LJ 155 ::2018 AllMR(CRI) 210

Kerala High Court

Hon'ble Judge(s): Alexander Thomas , J

(A) Criminal P. C. (2 of 1974) S. 319 — Negotiable Instruments Act (26 of 1881), Ss. 138(b), 141 — Addition of new accused — Cheque dishonour — Statutory demand notice must be issued to firm where drawer of dishonoured cheque is partnership firm — Complainant not duly serving demand notice on partnership firm — Demand notice only issued to sole accused, Managing Director of firm — Mandatory condition of issuing demand notice to firm, not complied with — Firm cannot be subsequently arrayed as additional accused. 2012 ACD 715 (SC), 2014 ACD 887(SC), 2015 ACD 660 (SC), Rel. on. (Paras 10, 11)

(B) Precedents — Doctrine of prospective overruling — High Court does not have power to invoke doctrine of prospective overruling, unlike Supreme Court — In case High Court makes declaration of law in its judgment overuling its earlier views, such law applies on prospective basis and also to all pending cases — Only exception to applicability of new legal position is when Supreme Court invokes doctrine of prospective overruling, notwithstanding that at time of institution of matter decision of High Court governed field, legal position subsequently laid down by Supreme Court, would govern facts of that matter.