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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Saju S/o Sadasivan – Appellant
Versus
Shalimar Hardwares, Kattanam – Respondent
ORDER :
P.V. KUNHIKRISHNAN, J.
1. The short point raised by the revision petitioner in this case is that, if statutory notice under Section 138 (b) of the Negotiable Instruments Act, 1881 (hereinafter referred to as, the Act) is issued to a person, and the relative of that person accepts the same, whether the same can be treated as service of notice.
2. The revision petitioner is an accused in C.C.No.325 of 2019 on the file of the Judicial First Class Magistrate Court-II, Kayamkulam. It was a prosecution initiated against the petitioner under Section 138 of the Act. The first respondent is the complainant. (Hereinafter, the petitioner and the first respondent are mentioned as the accused and the complainant, respectively.) 3. The case of the complainant is as follows:
The complainant is a proprietary concern in the name and style 'M/s Shalimar Hardwares' at Kattanam. The complainant concern is engaged in the business of construction materials. Sri. Mohammedkunju, Salimar House, Elippakkulam Muri, Vallikunnam Village represent the complainant concern. The accused purchased some building materials from the complainant concern on 02.03.2019. The balance amount to be paid by the accused
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....
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.
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....
Proper service of statutory notice under Section 138 of the N.I. Act is crucial for prosecution. Lack of evidence for improper service does not invalidate the complaint.
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....
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....
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.
Service of notice under Section 138 of the Negotiable Instruments Act is presumed when sent to the correct address, placing the burden on the accused to prove non-receipt.
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