If cheque is issued as security can not be presumed to issue for discharge of legally enforceable debt - If accused purposely evaded to receive statu tory notice, presumption of service can be drawn.

Citation

2019 (2) DCR 394

 MADRAS HIGH COURT

HON'BLE MR. R. PONGIAPPAN, J. 

Crl.A.No.42 of 2011 Decided on 18.07.2018

MOHAMMED RAFIK

Versus

RAJAVEL

Negotiable Instruments Act, 1881-Section 138(b)-Statutory no tice-Service of-Held-If accused purposely evaded to receive statu tory notice, presumption of service can be drawn. [Para-8]

Held: Now, applying the said principle with the case in our hand also, a statutory notice had been issued to the respondent for the address mentioned in the complaint and the same was returned as "unclaimed". On the other hand, the summons sent to the respondent from the Magistrate Court was received by the very same respondent, which shows that the respondent purposely evaded to receive the statutory notice. That evasion raises the presumption that the notice has been issued upon the respondent. So, the first point taken on consideration by the appellate court for setting aside the conviction is nothing but erroneous one.

Negotiable Instruments Act, 1881-Section 138-Legally enforceable debt-Scope-Held-If cheque is issued as security can not be presumed to issue for discharge of legally enforceable debt. [Para-9 and 10]