The appellant/complainant has come up with this appeal challenging the order of acquittal passed by the trial Court in C.C. No. 1605/99 dated 7-2-2002 thereby dismissing the complaint filed by him against the respondent for the offence punishable under Section 138 of Negotiable Instruments Act.

2. The trial Court dismissed the complaint filed by the appellant/complainant mainly on the ground that there was no legally recoverable debt under the cheque and that there is no proper service of statutory notice on the respondent.

3. Heard the arguments of learned counsel for both the parties and perused the records.

4.lt is argued by the learned counsel for the appellant that non-denial of the issuance of the cheque by the respondent conclusively establishes existence of debt and that the cheque has been issued in discharge of the same. He pointed out that when the notice was sent by RPAD/UCP by properly addressing, pre-paying posting stamps and cover containing necessary by document, even if it is received by any of the adult members of the family other than servant id held to be sufficient. In this case the wife of the respondent received the notice and this fact is corroborated