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

138(b): “A notice in writing should be given 
-- to the drawer of the cheque
-- within 30 days --
on receipt of information by the payee or holder in due course, as the case may be,---------from the bank regarding the return of cheque as unpaid”.

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Case-8 -  

Complainant-P.W.1, after Ex.P2 cheque was returned with endorsement 'funds insufficient' under Ex.P3 cheque return memo dated 8.1.2015, he got issued legal notice dated 12.1.2015 under Ex.P4 to the accused calling upon him to pay the cheque amount within 15 days from the date of receipt of said notice.

Complainant sent the said legal notice to the residential address of accused and also to the accused through Superintendent, District Jail as the accused was in Judicial Custody by then.

The notice sent to the residential address was returned unserved under Ex.P6 with an endorsement that the “accused continuously absent for 7 days”.

The notice sent to the accused through Superintendent, District Jail was returned as the “accused refused to receive the same”.

           During cross-examination, P.W.1 was suggested that the accused after releasing from District Jail, approached him, asked about the issuance of legal notice and he told that he would pacify the matter amicably. The self suggestion given to P.W.1 that the accused is aware about the issuance of legal notice and also about the contents of legal notice sent to him, while he was in judicial custody, though he refused to receive the same. Otherwise, he would not have approached P.W.1 to ask about the issuance of legal notice. Moreover, as per the provision under Sec.27 of General Clauses Act, refusal to receive the notice by the accused is nothing but service of notice on the accused. 

              Hence, this court is of opinion that the complainant got issued statutory legal notice to the accused within the stipulated time about dishonour of cheque as required under Sec.138(b) of N.I Act and the same was served on accused.

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