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2020 (9) TMI 297 - HC - Indian LawsDishonor of Cheque - the accused neither responded to the notice nor paid the demanded cheque amount - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - whether the Judgment of conviction and Order on sentence passed by the Trial Court and confirmed by the Session Judge's Court is incorrect and suffers with any illegality or perversity, warranting interference at the hands of this Court? HELD THAT:- Section 138 of the N.I. Act mandates giving of a legal notice but it does not mandate that the said legal notice must be actually and physically placed in the hands of the accused. When a legal notice has been sent with the correct, complete and full address of the accused with appropriate postage and when the said notice was tendered to the accused, if the accused fails to accept the notice and thus fails to claim the notice sent to him under registered post, there is deemed service of notice upon him. In addition to the same, in the case on hand, the complainant has also sent notice through 'certificate of posting' as could be seen at Ex.P5. Therefore there is valid service of legal notice upon the accused. Thus, the last phase of argument canvassed by the learned amicus curiae for the petitioner alleging non service of notice upon the accused is also not acceptable. The impugned Judgment of conviction and Order on sentence does not warrant any interference at the hands of this Court - Revision Petition dismissed.
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