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NI Act: It is not necessary to aver in the complaint that notice was served upon the accused

In CRIMINAL APPEAL NO.1325 OF 2019, KISHORE SHARMA vs SACHIN DUBEY, appeal was filed before the Supreme Court against the order of the Madhya Pradesh High Court wherein the High Court quashed of proceedings instituted against the defendant solely based on the issue that a legal notice was not duly served on him within the statutory period.

Referring to the judgment of  three judge bench in M/s. Ajeet Seeds Ltd. vs K. Gopala Krishnaiah, wherein referring to an earlier judgment of the Supreme Court in C.C. Alavi Haji v. Palapetty Muhammed & Anr It is held in this case that it is not necessary to aver in the complaint that notice was served upon the accused. Further service of notice is a matter of evidence and proof and it would be premature at the stage of issuance of process to move the High Court for quashing of the proceeding under Section 482 of the Cr.P.C. Section 114 of the Evidence Act 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. Section 27 of the GC Act gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post. It is not necessary to aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge of the notice. Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of business.

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