AIR 2014 SUPREME COURT 3057 ::2014 AIR SCW 4321 ::AIR 2014 SC (Criminal) 1950 ::2014 ACD 883 (SC) ::2014 (3) ABR (Cri) 179 ::(2014) 4 CriLR(Raj) 1122 ::(2015) 1 MadLW(Cri) 445 ::(2014) 3 AllCriR 2763 ::(2014) 3 CurCriR 463 ::(2014) 4 CivilCourtC 264 ::2014 CriLR(SC&MP) 1122 ::2014 (12) SCC 685 ::2014 (3) RecCivR 931 ::2014 (3) RecCriR 840 ::2014 (8) Scale 716 ::(2014) 2 ALD(CRL) 702 ::(2014) 4 AllCriLR 257 ::2014 (3) BankCas 572 ::(2015) 2 Mad LW 569 ::(2014) 2 NIJ 371 ::2014 (59) OCR 169 ::(2014) 4 JCR 59 (SC) ::(2014) 4 JLJR 35 ::2014 (3) Ker LJ 863 ::(2014) 4 Pat LJR 193 ::2014 (3) UC 1629 ::(2015) 3 CgLJ 514 ::(2014) 141 AllIndCas 125 (SC) ::2014 (141) AllIndCas 125 ::2014 AllMR(CRI) 2738 ::(2015) 2 MPHT 359

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): Ranjana Prakash Desai, N. V. Ramana , JJ

Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Complaint - It is not necessary to aver in complaint that notice was served upon accused - Order of High Court quashing complaint on ground that there was no proof either that notice was served or it was returned unserved - Is erroneous and set aside. Evidence Act (1 of 1872) , S.114— Criminal P.C. (2 of 1974) , S.482— General Clauses Act (10 of 1897) , S.27— Cri. W.P. No. 1131 of 2012, D/- 21-3-2013 (Bom.), Reversed.2001 AIR SCW 2307, Overruled. Section 114 of the Evidence Act enables the Court to presume that in the common course of natural events, the @page-SC3058 communication would have been delivered at the address of the addressee. Section 27 of the General Clauses Act gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post. It is not necessary to aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge of the notice. Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of business. In the present case, the complaint was filed alleging ....