D RAMASWAMY Vs. P MOHAN BABU

JUDGEMENT

(1.) This revision is filed against the order passed in Crl. A. No. 10/95 on the file of I Additional Sessions Judge at Warangal.

(2.) The matter arises under Section 138 of the Negotiable Instruments Act. The point involved is whether registered notice intimating dis-honour of the cheque addressed to the accused on his correct address when returned unserved amounts to service on the accused. On this point, the trial Court held that there was effective service even though the registered letter returned unserved by the postal authorities. This finding was reversed by the lower appellate Court. Hence, the revision.

(3.) Mr. Aga Reddy, learned counsel appearing for the petitioner submitted that the judgment of the lower appellate Court is not correct. There is no dispute that the registered letter was sent to the correct address of the contesting respondent. It was returned unserved after waiting for seven days. He also submitted that the petitioner and the respondent lived in same locality in close proximity. P.W. 1 in his evidence categorically stated that in all those seven days the respondent was very much in the town and he managed to send back the registered letter unserved on him. The trial Court rightly held that the respondent managed to return the letter unserved. Therefore the trial Court presumed that the registered letter is duly served on the accused. In addition to this the learned counsel relied upon a judgment of the Supreme Court in M/s. Madan and Company v. Wazir Jaivir Chand, AIR 1989 SC 630. This case arose under Jammu and Kashmir Houses and Shops Rent Control Act (34 of 1966). The Supreme Court considering the scope of Sections 11 and 12 of the said Act held that notice to terminate tenancy was sent through registered post on correct address and even if the letter was returned for non-availability of the addressee, notice is deemed to have been served and it is a valid notice. The Supreme Court also took into consideration the scope of Section 27 of the General Clauses Act, 1897.