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SHREE CHANDRASHEKHAR
Santosh Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The petitioner is the complainant. He is aggrieved of dismissal of the complaint case bearing no. C/1 138 of 2012 which was filed under section 138 of Negotiable Instruments Act.
2. The appeal preferred by the complainant against the judgment in C/1 138 of 2012 corresponding to T.R. No. 153 of 2013 was dismissed vide judgment dated 14.01.2016.
3. The complainant has set up a case that the accused approached him In August, 2011 for a friendly loan of Rs.1,40,000/ - with a promise to repay the same by December, 2011. The accused issued post-dated cheque bearing no. 401938 dated 15.12.2011 drawn on Punjab National Bank for Rs.1,40,000/ - in his favour, in acknowledgment of the loan amount received by him. The said cheque on presentation for encashment was dishonoured with the remarks "due to insufficiency of fund". A legal notice was sent to the accused through registered post with acknowledgment on his residential address however in spite of knowledge about the demand notice the accused refused to receive the notice and the legal notice was returned with remark "not claimed". By an order dated 07.02.2012, cognizance of the offence under section 138 of Negotiable Instruments A
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 notice under Section 138 hinges on its dispatch to the correct address; actual receipt is not mandatory for proceeding with a complaint.
The legal principle established is the need for a liberal interpretation of the provisions related to the service of notice under Section 138 of the NI Act to protect the interests of the payee and p....
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.
A cheque issued as a guarantor for a loan is presumed to be in discharge of a debt under Section 139 of the Negotiable Instruments Act, and evasion of notice constitutes effective service.
The main legal point established in the judgment is the importance of serving a legal notice at the correct address and the presumption of service when the notice is sent by registered post with the ....
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.
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
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