Case-6 - 

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

       P.W.1 (Complainant), deposed that after receiving cheque return memo along with cheque, he got issued Ex.P3 legal notice to the accused - 20 days after receipt of information from the bank about the dishonour of Ex.P1 cheque, through registered post with acknowledgement due (RPAD).

P.W.1 further deposed that the said cheque was unserved with an endorsement “on 1.9.2--- intimated, deposited 6 days and on 8.9.2--- not claimed”.

During the cross-examination:

P.W.1 admitted that the accused did not receive legal notice Ex.P3.

P.W.1 denied that purposefully notice under Ex.P3 was sent to the wrong address of the accused. After assigning C.C. summons are issued to the accused to the address mentioned in complaint as well as the same address mentioned on the cover containing legal notice Ex.P3. Again the said summons was returned with an endorsement “intimation and not claimed” and the court issued Non-bailable Warrant against the accused.

        On that, the accused filed petition under Section 70(2) of Cr.P.C by mentioning his address. The address mentioned on the cover containing legal notice under Ex.P3, the address mentioned in the complaint and the address of accused mentioned in his petition under Section 70(2) Cr.P.C are one and the same. There is no difference of address from the address mentioned on registered cover containing Ex.P3 legal notice and the address mentioned in 70(2) petition filed by the accused.

**  Hence, the contention of the accused that purposefully the complainant mentioned wrong address on the registered cover containing Ex.P3 legal notice, is not trustworthy.

As per the Section 27 of General clauses Act when the address of the addressee mentioned on the cover correctly, it is deemed service, though it was returned as refused and also not claimed.

 On this aspect, the court also came across a decision reported in AIR 2008 (NOC) 2287 Madras.

          Hence, this Court is of opinion that the complainant got issued statutory legal notice to the accused within the stipulated time and sent the same to the correct address of the accused stating the dishonour of cheque, as required under Section 138(b) of N.I Act and the same is deemed service on the accused as it was not claimed by the accused, though intimated as per the postal endorsement.

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