LAW FOR ALL

Sec.138 of N.I.Act - Sec.27 of General clauses Act and Sec.114 of Evidence Act - Presumption of service of Statutory Notice under sec.138 - when it was given to correct address - then there is no need to plead specifically that the accused managed and got return the notice un served in the pleadings of complaint - High court erred in quashing the complaint basing on Shakti Travel & Tours which does not hold the field any more. - Apex court held that It is not necessary to 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 of the notice. Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of business. and set aside the High court order= CRIMINAL APPEAL NO.1523 OF 2014 [Arising out of Special Leave Petition (Crl.)No.8783 of 2013] M/s. Ajeet Seeds Ltd. … Appellant Vs. K. Gopala Krishnaiah … Respondent = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41790