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2015 Supreme(Tri) 30

S.TALAPATRA
Abhijit Choudhury – Appellant
Versus
Chinmoy Sen – Respondent


Advocates:
Advocate Appeared
For the appellant :Mr. A. Sengupta, Advocate
For the respondent No.1:Mr. S. Lodh, Advocate, No.2, Mr. A. Ghosh, PP

Judgement Key Points

Certainly. Based on the provided legal document, the main legal point established in the judgment is that service of notice sent by registered post to the accused's address and received by his wife should be deemed as properly served. This conclusion is grounded in the provisions of Section 27 of the General Clauses Act and Section 114 of the Evidence Act. The court emphasized that when a notice is correctly addressed and sent via registered post, the presumption of proper service arises unless the accused can rebut this presumption by providing evidence to the contrary (!) (!) .

Furthermore, the judgment clarifies that the receipt of the registered notice by the wife at the same address as the accused is sufficient to establish that the notice was effectively brought to the knowledge of the accused. The trial court's earlier conclusion that the notice was not properly served because it was received by the wife and not directly by the accused was found to be legally incorrect. The appellate court held that, in the absence of evidence rebutting the presumption, it must be presumed that the notice was delivered and brought to the knowledge of the accused (!) .

The court also underlined the importance of considering relevant statutory provisions and legal principles concerning the service of notices, especially when sent by registered post, and the application of presumption under the Evidence Act and the General Clauses Act. It further directed that the matter be remitted back to the trial court for passing a fresh judgment consistent with this interpretation (!) .


ORDER :

1. By this appeal filed under Section 378(4) of the Cr.P.C. the judgment and order of acquittal dated 30.08.2014 delivered in case No.NI 61 of 2013 by the Additional Chief Judicial Magistrate, West Tripura, Agartala has been questioned.

02. The respondent No.1 took a loan from the appellant to the extent of Rs.5,00,000/(Rupees five lacs) by three cheques and all those cheques were encashed on 14.01.2013 on assurance that the respondent No.1 shall make the payment within the next five days to the appellant. On 18.01.2013 the respondent No.1 gave two cheques bearing No.007736 for Rs.3,00,000/and No.007735 for Rs.2,00,000/to the appellant for discharging his liability of loan, but when the complainant deposited those cheques in his account, maintained in the UBI, Kaman Chowmuhani Branch for encashment on 18.02.2013, both the cheques were dishonoured for insufficiency of fund. On 18.03.2013, within the statutory period of the knowledge of such dishonour, the appellant sent the notice, in terms of clause (b) to Section 138 of the NI Act, by the registered post and the wife of the respondent No.1 received the said registered notice in the residence of the respondent No.1 on 19.03.
























































































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