It is not necessary to aver in complaint that notice was served upon accused - when a notice is sent by 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.

Citation

AIR 2014 SUPREME COURT 3057

SUPREME COURT

(From Bombay)

SMT. RANJANA PRAKASH DESAI, J. and N. V. RAMANA, J.

Criminal Appeal No. 1523 of 2014 (arising out of Special Leave Petition (Cri.) No. 8783 of 2013, D/-16-

7-2014

M/s. Ajeet Seeds Ltd v. K. Gopala Krishnaiah

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.