Case-4  -
Negotiable Instruments Act,1881, Section 138(b) Statutory Notice., 

        The complainant got issued a statutory notice Ex.P9 to the accused calling upon him to pay the amounts due under the bounced cheque within 15 days from the date of receipt of the statutory notice and the same was dispatched to the  accused by registered post with acknowledgment due and also under  certificate of posting and the notice sent by registered post was returned  with  a  postal  endorsement  “unclaimed”.

Ex.P12  is  the unserved postal cover.

There is no dispute from the side of the accused in respect of his address on Ex.P9 statutory notice and on Ex.P12 unserved postal cover.

The complainant-society claimed that the accused had received statutory notice under certificate of posting.

There is no dispute from the side of the accused with regard to receipt of statutory notice from the complainant-society. 

Moreover, the accused in his statement recorded under Section 251 Cr.P.C examination and under Section 313 of Cr.P.C categorically stated that he received statutory notice from the complainant-society.

Therefore, it can be concluded that the complainant-society issued a constructive notice to the accused as required under Section 138 (b) of the Negotiable Instruments Act.