C.C. Alavi Haji vs Palapetty Muhammed - Supreme Court Case

 C.C. Alavi Haji vs Palapetty Muhammed - Supreme Court Case Summary of Leading Case -

On 18th May, 2007, a three Judges Bench in C.C. Alavi Haji vs Palapetty Muhammed & Anr. [Criminal Appeal No.767 of 2007] held that “it is not necessary to aver in the complaint under Section 138 of the Negotiable Instruments 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.”

The Bench held “when the notice is sent by registered post by correctly addressing the drawer of the cheque, the mandatory requirement of issue of notice in terms of Clause (b) of proviso to Section 138 of the Act stands complied with.” It further held that it is “for the drawer to rebut the presumption about the service of notice and show that he had no knowledge that the notice was brought to his address or that the address mentioned on the cover was incorrect or that the letter was never tendered or that the report of the postman was incorrect.”

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