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2018 (1) TMI 310 - HC - Indian LawsService of notice - Dishonor of cheque - Whether there is proper compliance of the service of the statutory notice as mandated under Section 138 of the Negotiable Instruments Act? - Held that: - it appears that the revision petitioner has not collected the above postal cover from the concerned post office - both the Courts below have categorically held that intimation regarding the Ex.P3, legal notice has been duly served upon the revision petitioner and he failed to collect the same from the concerned Post Office, the same was returned. It is no doubt true that the receipt of the notice has to be proved, but if the notice is refused by the addressee, it may be presumed to have been served. In a case where notice is not claimed even though sent by registered post, with the aid of Section 27 of the General Clauses Act, the drawer of the cheque may be called upon to rebut the presumption which arises in favor of service of notice. However, no rule of universal application can be laid down that in all cases where notice is not served on account of non-availability of the addressee, the court must presume service of notice. There is no material to interfere with the conviction and sentence passed by the Courts below and accordingly, this Criminal Revision Petition is dismissed.
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