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TMI Blog2022 (8) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... convicted and sentenced to imprisonment of six months with a direction to pay compensation to the tune of Rs. 1,20,000/-. 3. The case set up by OP No. 2 was that he being an agent of the authorized Coal Agency/DO holder provided coal to the petitioner for a consideration of Rs. 81,959/- in respect of which a cheque bearing no. 907 drawn on Maithan Branch, Bank of India was issued by him. However, the said cheque when presented at Kumardhubi Branch of State Bank of India for encashment for the second time on 18th May 2012 was returned unpaid on account of "insufficient fund". 4. OP No. 2 has asserted that he issued legal notice dated 1st June 2012 requiring the accused to pay the cheque amount within 15 days. However, instead of paying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice of notice upon the accused. 10. On admitted facts, there is no proof of service of notice dated 1st June 2012 upon the petitioner. Both Courts have taken note of the aforesaid circumstance that no proof as regards service of legal notice dated 1st June 2012 has been produced by the complainant. However, Mr. Sanjay Prasad, the learned counsel for OP No. 2 would urge that the legal notice dated 1st June 2012 was tendered in evidence vide Exhibit-1/3 and the accused never raised any grievance as regards non-service of the said legal notice upon him and while so an inference on valid service of notice upon the petitioner must be drawn. 11. Mr. Sanjay Prasad, the learned counsel for OP No. 2 refers to paragraph no. 17 of the judgment of H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r would get the premium to avoid receiving the notice by adopting different strategies and escape from legal consequences of Section 138 of the Act." 13. A glance at the aforesaid paragraph would indicate that the proposition as regards "giving of notice" and "receipt of notice" is in relation to presumption of service under section 27 of the General Clauses Act, 1897 which would attract only on proof by the complainant by producing postal receipt which would clearly establish that the postal cover was correctly addressed and sufficiently stamped, and by proving the same in accordance with the rules of evidence. Admittedly, postal receipt and postal cover have not been produced by the complainant to show that the legal notice dated 1st Jun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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