Negotiable Instruments Act. Section 138. Notice returned with endorsement “addressee is left”. Same does not amount to deemed service of notice. Accused is entitled to benefit of doubt regarding service of notice. Andra Pradesh High Court.

K. Annaji Rao vs N. Krishna Raju Sekhar (2004) 2 AP LJ 63 (SN)

PDF of the Judgment

HELD: In Sridhar M.A. V. Metalloy N.Steel Corpn (2000 (1) SCC 397) the apex Court held that notice should not be deemed to have been served as a matter of course and deemed service is to be accepted in the facts of each case. In the instant case, the case of the respondent‑accused was that he was not served with statutory notice. But, the case of complainant was that he sent the statutory notice to the respondent by registered post and also through certificate of posting and the notice sent by register post was returned unserved with the endorsement ‘addressee left’. No evidence is placed before the Court that the notice sent by certificate of posting was, in fact, served on the respondent. In these circumstances, the respondent‑accused is entitled to benefit of doubt as to whether such service of notice, in fact had been effected on him. Therefore, I am of the opinion that unless the notice issued by the complainant is served on the respondent‑accused as required under Section 138(b) read with clause (c) thereof, the complaint is not maintainable and the accused cannot be convicted for the offence under Section 138 of the Act.

Compiled by S. Basavaraj, Advocate, Daksha Legal.