Case-1 -

Hi friends ..After a long gap coming forward with topic 138(b) NI Act, 1881 Constructive / Statutory  Notice:

In one case...

The accused merely claimed that the complainant dispatched statutory notice to him on his wrong address. But the accused did not furnish his correct address along with proof documents on the relevant period. On the other hand, the accused as DW1 in his evidence stated at one stage that he has not received any statutory notice from the complainant on his residential address or on his official address in another stage, he claimed that he has not stayed in the given address in Ex.P6 statutory notice, during the relevant period. This part of testimony made by DW1 clearly reveals that the address given in Ex.P6 statutory notice is not his wrong address, but he has not stayed in the said address during the relevant period. On this aspect, our Hon'ble High Court rendered a decision in ...

N.Narsingarao Vs.Srinivasa Chary and another reported in 2010 (2) ALD (Crl.) 651 (A.P.)

 wherein it was held that--

“Notice sent not only by registered post, but also by courier service and under certificate of posting. Registered notice addressed to the accused returned with an endorsement “Addressee left and new address not known . Held that there is a valid compliance of said notice in issuing of notice by the complainant”

 As per the material available on the record, it is not difficulty to say that the complainant dispatched Ex.P.6 statutory notice to the accused on his correct address and the postman visited the said address on 29.12.2008 and 30.12.2008 and later the postman concerned returned the registered post cover with an endorsement 'not served'. As per the aforesaid decision rendered by  our Hon'ble Supreme Court, the mandatory requirement of issue of notice in terms of Clause (b) of Proviso to Section 138 of the Negotiable Instrument Act stands complied with, when the notice is sent to the drawer of the cheque on his correct address.

Therefore, it can be concluded that the complainant issued a constructive notice to the accused as required U/s.138 (b) of the Negotiable Instruments Act.