2008 (7) TMI 1082

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..... ORDER 1. Leave granted. 2. This appeal is directed against an order dated 17th of May, 2006 passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 11313 of 2005. 3. In spite of due service, no one has appeared before us to contest this appeal. 4. We have heard the learned Counsel for the appellant and perused the materials on record. 5. A proceedin .....

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..... dgment of the High Court cannot be sustained for the reasons stated hereinafter. 8. Admittedly, notice under Section 138B of the Negotiable Instruments Act was sent to the respondents through registered post and under a certificate of posting on their correct address of the respondents. The High Court had quashed proceeding on the ground that although notice through registered post and also und .....

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..... ettled that once notice has been sent by registered post with acknowledgment due in a correct address, it must be presumed that the service has been made effective. We do not find from the endorsement of the postal peon that the postal peon was at all examined. In V. Raja Kumari v. P. Subbarama Naidu and Anr. 2005CriLJ127 , again this Court reiterated the same principle and held that the statutory .....

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