Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Presumption of Service under Section 27 - When a legal notice is sent via registered post to the correct address, there is a presumption that service has been effected, regardless of whether the notice was returned unserved. It is unnecessary to allege in the complaint that the notice was actually received or that the accused evaded service. This presumption simplifies the process of proving service in Section 138 cases. ["2023 0 Supreme(All) 2285"], ["2023 0 Supreme(All) 1373"], ["2023 0 Supreme(All) 1371"], ["2025 0 Supreme(Ker) 2323"], ["2023 0 Supreme(All) 2283"]
Sending Subsequent Notices - If the first notice remains unserved (returned unclaimed or with endorsements like left house or not found), a subsequent notice can still be sent to the same or updated address. The law recognizes that service can be presumed if the notice was correctly addressed and sent by registered post, even if the initial attempt failed. Sending further notices is permissible and often necessary to establish the cause of action. ["2022 0 Supreme(Guj) 1560"], ["2025 0 Supreme(Raj) 1432"], ["2025 0 Supreme(Ker) 2323"]
Effect of Unserved Notices - An unserved or returned notice does not necessarily bar the initiation of proceedings. The burden shifts to the complainant to prove that the notice was sent to the correct address. If the notice was correctly addressed and sent, subsequent legal presumptions can be invoked to presume service, enabling the continuation of the case. Conversely, if the notice was not sent to the correct address, the cause of action may be vitiated. ["
Sunil Kumar Bhagat VS State of Jharkhand - Current Civil Cases
"], ["2024 0 Supreme(Jhk) 914"], ["2025 0 Supreme(Ker) 2323"]Legal Proceedings and Proof of Service - Courts generally hold that proof of sending the notice to the correct address suffices to presume service, even if the notice was returned unclaimed or unserved. The accused's denial of receipt does not negate the presumption if the notice was properly dispatched. In cases where the notice is returned with endorsements indicating non-availability, the court may still proceed if the sender demonstrates that the notice was correctly addressed. ["2025 0 Supreme(Raj) 1432"], ["2023 0 Supreme(All) 2283"]
Analysis and Conclusion:In cases under Section 138 of the Negotiable Instruments Act, if the first notice is unserved, the subsequent sending of notices to the same or updated address is valid and permissible. The law presumes service when notices are sent via registered post to the correct address, regardless of whether they are returned unserved. Therefore, even if the initial notice remains unserved, a subsequent notice can be sent to establish the cause of action, provided it is correctly addressed. This procedural flexibility ensures that the accused is given adequate opportunity to respond, and the initiation of criminal proceedings remains valid when proper notices are dispatched.
Cheque bounce cases are a common headache for creditors in India, often leading to disputes under (NI Act). Imagine this: you've issued a after your cheque is , but it comes back —addressee not found or door locked. A pressing question arises: Can the same notice be sent twice if the first is returned in a cheque bounce case? This blog dives deep into the legal nuances, drawing from established principles and case laws to guide you.
While this post provides general insights based on judicial precedents, it is not legal advice. Consult a qualified lawyer for your specific situation.
Section 138 NI Act kicks in when a cheque is due to insufficient funds or other reasons. To proceed with a complaint, the payee must:
Dileep Sharma VS State of U. P. - Dishonour Of Cheque (2011)
2019 0 Supreme(Mad) 3319.Service of notice is imperative for initiating proceedings. Courts strictly scrutinize whether the notice reached the correct address. If not, the complaint may fail 2024 0 Supreme(Ker) 1487. As noted in one judgment: The law is clear that a can be drawn only if it is proved that the notice was sent to the correct address of the accused 2024 0 Supreme(Ker) 1487.
Good news for complainants: Yes, a subsequent or second notice is permissible if the first is returned . This is a recognized remedy to salvage your case
2010 0 Supreme(HP) 836.
Consequences of Notice: Courts allow re-issuance because the first attempt's failure doesn't bar further action, provided it's within time limits
.
Presumption: Even if returned, endorsements like not found or door locked at the correct address can raise a presumption of service. This shifts the burden to the accused to rebut it, especially under the rebuttable presumption of
2008 0 Supreme(All) 1588 2024 0 Supreme(Ker) 1487. The presumption under Section 139 places the onus on the accused to prove otherwise regarding service 2024 0 Supreme(Ker) 1487.
Fresh : A second notice can create a new , resetting the 30-day limitation for filing the complaint from the second notice's receipt date (or deemed date)
.
However, success hinges on the correct address. In one , the court upheld dismissal because the notice wasn't sent to the right address, emphasizing: The trial court acquitted the accused due to failure of the appellant to prove due service of notice 2024 0 Supreme(Ker) 1487.
Judicial precedents firmly back the flexibility of second notices:
D. Vinod Shivappa v. Nanda Belliappa: The clarified that the arises only upon failure to pay within 15 days of notice receipt. If the first notice is , a second notice can reset the 2006 0 Supreme(Ker) 622.
B. Raman & 2 others v. M/s. Shasun Chemicals and Drugs Ltd.: Reinforced that service must be valid, but a second notice is viable if the first fails properly
.
Other rulings echo these themes:
In a case involving multiple cheques, the court stressed proper notice service, dismissing re-examination attempts that contradicted admissions
. Quote: A witness cannot be permitted to resile from his admission upon re-examination being permitted by Court
.
Conviction was set aside where no valid notice under Section 138(c) was served: Conviction cannot be recorded where valid notice under Section 138 (c) of N. I. Act is not served on accused 2007 0 Supreme(Mad) 204
M. M. T. C. Ltd. , Chennai House 7, Esplanade, Chennai-108, rep by its Deputy General Manager, Mr. VS Sampooranam
.These cases highlight that while second notices are allowed, sloppy service or wrong addresses doom complaints2022 0 Supreme(Ker) 534.
From broader precedents:
Burden of Proof: Under Section 139, once the cheque and signature are proven, the accused must rebut presumptions, including service. But if the address is incorrect, no presumption arises 2024 0 Supreme(Ker) 1487.
Documentation is Key: Courts examine postal receipts, endorsements, and tracking. In one execution petition, notices led to demands for correct addresses before proceeding 2022 0 Supreme(Ker) 534.
Avoidance by Accused: If the accused dodges service, strengthens your position
.
Peripheral cases warn against procedural lapses, like improper authorization for complaints, which can invalidate even well-served notices
M. M. T. C. Ltd. , Chennai House 7, Esplanade, Chennai-108, rep by its Deputy General Manager, Mr. VS Sampooranam
. Always ensure the complainant (or authorized rep) follows protocol.To maximize success with a second notice:
Verify Address Thoroughly: Use the address on the cheque, KYC details, or prior communications. Wrong address = failed presumption 2024 0 Supreme(Ker) 1487.
Send via Registered Post/Speed Post: Get acknowledgment and track returns.
Document Everything: Keep copies of cheques, bank memos, notices, postal receipts, and endorsements 2010 0 Supreme(Bom) 152
2006 0 Supreme(Ker) 622 2008 0 Supreme(All) 1588.
Time It Right: Second notice must still fall within overall statutory timelines from cheque dishonour.
Consider Alternatives: Email or other modes if permitted, but stick to traditional post for presumption.
| Aspect | First Notice Fails | Second Notice Strategy ||--------|-------------------|------------------------|| Permissible? | N/A | Yes
|| New Cause? | No | Yes
|| Address Critical | Always | Double-check 2024 0 Supreme(Ker) 1487 || Presumption | Deemed if correct addr. | Same rules apply |
In one PIL-related context, procedural notices to non-appearing parties were mandated, underscoring service's role across litigations 2014 0 Supreme(Del) 2358.
In cheque bounce litigation, a returned notice isn't game over—issuing a second notice is a valid, court-endorsed step that can create a fresh and uphold your claim under Section 138 NI Act. Prioritize correct addressing, robust documentation, and timely action to leverage presumptions of service and debt.
Key Takeaways:- Second notices are permissible and can reset timelines 2006 0 Supreme(Ker) 622.- Correct address is non-negotiable for presumptions 2024 0 Supreme(Ker) 1487.- Document meticulously to rebut accused's defenses.
Stay proactive in financial dealings to avoid these disputes. For tailored advice, reach out to a legal expert. References include key judgments like 2010 0 Supreme(Bom) 152
2006 0 Supreme(Ker) 622 2008 0 Supreme(All) 1588. #ChequeBounce #NIAct138 #LegalNotice
It is, therefore, manifest that in view of the presumption available under Section 27 of the Act, it is not necessary to aver in the complaint under Section 138 of the Act that service of notice was evaded by the accused or that the accused had a role to play in the return of the notice unserved. ... In view of the said presumption, when stating that a notice has been sent#HL_E....
in the return of the notice unserved." ... In view of the said presumption, when stating that a notice has been sent by registered post to the address of the drawer, it is unnecessary to further aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge ... It is not necessary to aver in the....
in the return of the notice unserved." ... In view of the said presumption, when stating that a notice has been sent by registered post to the address of the drawer, it is unnecessary to further aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge ... It is not necessary to aver in the....
Mishra submitted that the complainant had urged in the complaint that the notice was sent through Registered Post A.D. and the accused had not accepted the same. While the notice sent under U.P.C. was received by the accused. 4.3 Mr. ... Even if, in a case notice has returned unserved with endorsement that accused “left house”, such a....
Act by the complainant was served upon the accused and (ii) even there was no proof that either the said notice was served or it was returned unserved/unclaimed. ... The accused has pleaded his innocence in his statement under section 313 of Cr.PC and non-receipt of legal notice allegedly sent to him by the complainant. 5. ... It is not necessary to aver in the complaint that in spit....
Act by the complainant was served upon the accused and (ii) even there was no proof that either the said notice was served or it was returned unserved/unclaimed. ... The accused has pleaded his innocence in his statement under section 313 of Cr.PC and non-receipt of legal notice allegedly sent to him by the complainant. 5. ... It is not necessary to aver in the complaint that in spite of....
It is further contended that a legal notice dated 24.09.2008 was issued to the accused to apprise her of the dishonour of the cheque; however, the said notice was returned unserved with the remark of the postal authority indicating that the addressee was not found at the stated address, as she had reportedly ... P/5, the returned envelope, bears an endorsement indicating the non-availability of the #HL_ST....
I will first narrate the facts in this case: The revision petitioner is the accused in ST No.114/2017 on the files of the Judicial First Class Magistrate Court -II, Alathur. ... Unless there is evidence to show that the accused is aware of the notice sent by the complainant, this Court cannot conclude that notice is served to the accused. ... In view o....
The law is clear that a presumption regarding due service of notice can be drawn only if it is proved that the notice was sent to the correct address of the accused. 15. ... In both the said decisions, the view taken is that so long as a complaint could prove that he had sent demand notice in the correct address of the accused, due service of notice ca....
It is, therefore, manifest that in view of the presumption available under Section 27 of the Act, it is not necessary to aver in the complaint under Section 138 of the Act that service of notice was evaded by the accused or that the accused had a role to play in the return of the notice unserved. ... In view of the said presumption, when stating that a notice has been sent#HL_E....
Notice sent to the first respondent in those interlocutory applications was returned unserved. On being served with notice in E.P.No.42/2018 filed by the first respondent before the Sub Court, Sulthanbathery, the petitioners moved I.A.Nos.4000 and 4001 of 2018 before the Sub Court, Ernakulam seeking to set aside the ex parte decree, after condoning the delay of 838 days. The court below therefore directed the petitioners to furnish the first respondent's correct address. Fail....
A perusal of the record shows that during the cross-examination of CW1, the following question and the answer thereto was recorded in respect of the notice (Ex.CW1/B/D): “Q. This notice was sent by you to the accused because he had not made the payment in cash or by cheque prior to his notice.
Notice be sent to the unserved / non appearing respondents.
On 30.3.1995, a notice was sent to the accused informing the return of the said cheque.
On 30.3.1995, a notice was sent to the accused informing the return of the said cheque.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
