Presumption of service under postal dispatch can prevent quashing of a cheque dishonour complaint at the threshold.

A complaint under Section 138 of the Negotiable Instruments Act is not liable to be quashed under Section 482 CrPC merely because actual service of statutory notice is not independently proved at the threshold. Where the complaint alleges dispatch by registered post acknowledgment due and states that neither the postal cover nor the acknowledgment was returned, a presumption of service arises under Section 27 of the General Clauses Act. That presumption is rebuttable, and questions such as correct dispatch, service at the proper address, and rebuttal by the accused are matters for evidence at trial, not for summary quashing.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 could be quashed in proceedings under Section 482 of the Code of Criminal Procedure, 1973 on the ground that the statutory notice was not actually shown as served, where the complaint averred that the notice was sent by registered post acknowledgment due and neither the postal cover nor the acknowledgment was returned.

Analysis: The complaint specifically alleged dispatch of the statutory notice by registered post acknowledgment due and further stated that neither the unserved postal cover nor the acknowledgment was received back. On those averments, a presumption of service arises under Section 27 of the General Clauses Act, 1897. The Court treated such presumption as rebuttable and held that whether the notice was in fact sent in the stated manner, whether it was despatched to the correct address, and whether the accused had rebutted the presumption were matters of evidence to be examined at trial. In a petition under Section 482 of the Code of Criminal Procedure, 1973, the Court could not go into disputed questions of fact or quash the complaint merely because actual service was not independently proved at that stage.

Conclusion: The complaint could not be quashed on the ground of non-service of notice, and the petition was liable to be dismissed.

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