Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice of demand - Sent by registered post and under U.P.C. at two addresses - Registered cover received back with postal endorsement that addressee was not found at the time of delivery - Not a case of accused that address written on notice sent by registered post was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service - To draw presumption of service of notice there should be evidence that address to which the notice was sent is the correct address...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post with acknowledgment due to a correct address - Service of notice has to be presumed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post to correct address of the drawer - Notice returned with endorsement must be presumed to be served to the drawer and the burden to show that the drawee had managed to get an incorrect postal endorsement letter on the complainant and affixed thereof have to be considered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption - Notice sent by registered post at a correct address - There is presumption of service of notice - Drawer can rebut this presumption by showing that he had no knowledge that notice was brought to his address or address mentioned in the cover was incorrect or the letter was never..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Left without address' - Accused in fact residing at the address given on envelope - Accused failing to explain that he was not available at his house - It is service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice sent under certificate of posting at correct address - Notice not received back - There is presumption of service of notice...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post at correct address - Received back with postal endorsement 'Addressee not present at time of delivery' - It is due service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement `there was no such addressee' - Address mentioned on postal cover not disputed - Summons served at the same address - Accused did not chose to enter into the witness box - When questioned u/s 313 Cr.P.C. accused did not say that notice was not served as per law or..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by registered post at correct address - Notice received back with postal endorsement that addressee was abroad - Held, provision of S.138 is sufficiently complied with...........