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TMI Blog2024 (6) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to the address of the accused person in terms of Section 138(b) of the Negotiable Instruments Act, 1881 and amendment thereto asking the accused person to pay the said amount within a period of 15 days from the date of receipt of the said notice. But the accused person has failed and neglected to pay the said amount covered by the said cheques and when he failed to pay the payment of the same amount covered by the aforesaid cheques, the complainant filed this case on 16th March, 2021 - it appears from the complaint itself the requirements as provided under Section 138 of the Negotiable Instruments Act, 1881 have been fulfilled by the complainant. In the instant case, the trial Court seems to have drawn a presumption of law with regards to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al application contending therein that the allegation levelled against the petitioner is general in nature and does not speak specifically about the legal debt and liabilities for issuing the Cheque Nos. 429583 and 429588 dated 10th January, 2021. Claim of the claimant that the cheque was dishonoured. The complainant has neither filed any postal receipt nor any Acknowledgement Due Card showing dispatch and service of statutory notice upon the petitioner under Section 138 of the Negotiable Instruments Act, 1881. As such the continuation of the impugned proceeding is illegal in absence of postal receipt and acknowledgment due card showing dispatch and service of statutory notice under Section 138 of the Negotiable Instruments Act, 1881. The m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the said amount within a period of 15 days from the date of receipt of the said notice. But the accused person has failed and neglected to pay the said amount covered by the said cheques and when he failed to pay the payment of the same amount covered by the aforesaid cheques, the complainant filed this case on 16th March, 2021. In the above facts and circumstances of the case, it appears from the complaint itself the requirements as provided under Section 138 of the Negotiable Instruments Act, 1881 have been fulfilled by the complainant. So far as the issue raised by the petitioner that no postal track report has been filed by the petitioner to show actual service of notice under Section 138 of Negotiable Instruments Act, 1881. The compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourse of business was not followed. Thus, Section 114 enables the Court to presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business in their relation to the facts of the particular case. Consequently, the court can presume that the common course of business has been followed in particular cases. When applied to communications sent by post, Section 114 enables the Court to presume that in the common course of natural events, the communication would have been delivered at the address of the addressee. But the presumption that is raised under Section 27 of the G.C. Act is a far stronger presumption. Further, while Section 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered post and is returned with a postal endorsement refused or not available in the house or house locked or shop closed or addressee not in station , due service has to be presumed. [Vide Jagdish Singh Vs. Natthu Singh (1992) 1 SCC 647; State of M.P. Vs. Hiralal Ors. (1996) 7 SCC 523 and V.Raja Kumari Vs. P.Subbarama Naidu Anr. (2004) 8 SCC 74] It is, therefore, manifest that in view of the presumption available under Section 27 of the Act, it is not necessary to aver in the complaint under Section 138 of the Act that service of notice was evaded by the accused or that the accused had a role to play in the return of the notice unserved. 10. It is thus clear that Section 114 of the Evidence Act enables the Court to presume that in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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