TMI Blog2020 (1) TMI 1582X X X X Extracts X X X X X X X X Extracts X X X X ..... eiving envelop back he had made complaint or prior to that. Accordingly even if he made complaint after accepting of the notice from the post office with note 'left', he could have filed such complaint only after expiry of 15 days but it is not the case here. Secondly if he considers that service of notice was effected then in all probability complaint should have been filed only after expiry of 15 days, and the date of service would have been clearly mentioned in the complaint. In the absence of any such mention in complaint itself, no inference of effective service and requirement of 15 days prior notice can be presumed to have been complied with. The application under Section 482 Cr.P.C. stands granted and the proceedings a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intainable under the Negotiable Instruments Act, 1881. Learned counsel for the applicant has relied upon the judgment of the Apex Court in the Case of Shakti Travel and Tours v. State of Bihar 2002 (9) SCC 415, wherein the Supreme Court has very categorically held that complaint is maintainable under Section 138 of Negotiable Instrument Act, only when it is filed after due service of notice as contemplated under Section 138 N.I. Act. Learned counsel for the applicant has further placed reliance upon the judgment of Single Judge of this Court in the case of Deepak Kumar and Another v. State of U.P. and Another, 2006 (8) ADJ, 427, wherein this Court has very categorically held that service of notice is pre-condition to maintain a compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere any (Central Act) or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression serve or either of the expressions give or send or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 10. Thus, the wordings of Section 27 of the General Clauses Act clearly indicates that this section deals only with service by ''Post' and that too registered se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with in view of the fact that the postal letter which was sent had come back with note left , meaning thereby service was made effective. He further contends that the applicant having provided two different addresses, main address being of the firm and notice could have been sent only on that address, therefore, if the postmand could not meet the applicant on the said address, it cannot be said service has not been effected upon. Learned counsel for the opposite party no. 2 has further relied upon the judgment of Single Judge of this Court in the case of Chand Mohd v. State of U.P, Laws (All) 2017 5 308, in which this Court vide paragraphs 19 and 20 has held thus: 19. Perusal of Section 27 of the General Clauses Act, as aforequoted cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s v. State of Maharashtra22 (Paras 53 to 56 ). Banking upon the judgment, learned counsel for the applicant submits that the complaint was ultimately maintainable and it cannot be said that mandatory requirement of law was not fulfilled. Having heard the arguments advanced across the Bar and pleadings advanced and having perused the record, I find two material aspects coming out from the pleadings very clearly: one that notice dated 16.07.2018 infact was sent by registered post and, therefore, it cannot be said that notice was sent on itself, and second, it clearly comes out from the record that there is no whisper regarding effective service of notice at the end of the complainant in the complaint. The complainant has not mentioned a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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