General Clauses Act, 1897; S. 27 ----- Evidence Act, 1872; S. 114 -----
Negotiable Instruments Act, 1882; S. 138 ----- Whether it is necessary to state that the notice issued under Section 138...
Read MoreGeneral Clauses Act, 1897; S. 27 ----- Evidence Act, 1872; S. 114 -----
Negotiable Instruments Act, 1882; S. 138 ----- Whether it is necessary to state that the notice issued under Section 138 of the NI Act by the complainant was served upon the respondent-accused on any specific date ----- Held: since the NI Act does not require that notice should only be given by ‘post’ in a case where the sender has despatched the notice by post with correct address written on it, Section 27 of the GC Act could be profitably imported and in such a situation service of notice is deemed to have been effected on the sender unless he proves that it was really not served and that he was not responsible for such non-service ----- Section 114 of the Evidence Act enables the Court to presume that in the common course of natural events, the communication would have been delivered at the address of the addressee.
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