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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK
Sou. Usha @ Rashmi Ramesh Bhadre – Appellant
Versus
Raviraj Yuvraj Chavan – Respondent
JUDGMENT :
S. M. MODAK, J.
1. Heard learned Advocate for the Petitioner-Complainant and learned Advocate for the Accused-Respondent No. 1.
2. The only issue arisen in this petition is “whether it can be said that the Complainant has complied with the provisions of Section 138 (b) of the Negotiable Instruments Act relating to service of notice”. Though the notice dated 05.06.2018 was sent, it returned back with a remark ‘ left address’. A copy of the envelope is on page no. 29. In fact the issue is no more res integra as it is already decided in case of C.C. Alvai Haji Vs. Palapetty Muhammed and Anr. , 2008 (1) Mh. L.J.. Still Learned Additional Session Judge, Kolhapur falls pray to the arguments advanced on behalf of accused and set aside the process on 25.04.2023.
Case put up by parties
3. According to the Complainant, the notice was sent on address which he found from the Aadhar card of the accused. A copy of the Aadhar card is on page no. 28. He has further pleaded in the complaint, in para no. 5 that in fact the accused is residing at the same address, but deliberately he has not accepted the notice .
4. Whereas it is the contention of the accused that “he has already left that add
The court ruled that sending notice to a correct address from an official ID meets the compliance requirement under Section 138(b), emphasizing the presumption of service for registered post communic....
Service of notice under Section 138 must be to the accused directly; notice served to a relative without proof of the accused's knowledge is insufficient for conviction.
The main legal point established is the presumption of service of notice when sent through registered post, as provided under section 27 of the General Clauses Act.
Proper service of notice under Section 138 hinges on its dispatch to the correct address; actual receipt is not mandatory for proceeding with a complaint.
The burden of proof lies on the complainant to establish intentional avoidance of claiming the registered notice by the accused, and positive evidence is required to raise the presumption of valid se....
Service of statutory notice under Section 138 must be directly to the drawer of the cheque; service to a relative is insufficient without proof of the accused's knowledge.
The failure to provide evidence of sending a legal notice under Section 138 of the Negotiable Instruments Act invalidates the complaint, leading to acquittal.
Service of statutory notice under Section 138(b) of the Negotiable Instruments Act must be directed to the drawer of the cheque, not a relative; failure to comply with this requirement invalidates pr....
Point of law: Negotiable Instruments – Notice - When a sender has dispatched notice through registered post to correct address written on it, Section 27 of General Clauses Act could be profitably imp....
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