Presumption of statutory notice service under cheque dishonour law bars threshold quashing for lack of pleaded proof.

In a prosecution under Section 138 of the Negotiable Instruments Act, service of statutory notice is presumed when it is properly addressed, prepaid and sent by registered post to the correct address. Actual service, non-service, or alleged evasion of service is a matter for evidence at trial, and the complaint need not specifically plead proof of service or deliberate avoidance. The High Court should not quash the complaint at the stage of issuance of process merely because the complaint does not contain an express averment of actual service. The quashing was therefore unsustainable and the complaint was required to be restored.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 could be quashed at the threshold for want of an averment that statutory notice was served on the accused or for want of proof of service.

Analysis: Section 27 of the General Clauses Act, 1897 raises a presumption of service when a notice is properly addressed, prepaid and sent by registered post, while Section 114 of the Evidence Act permits a further presumption that the communication would have been delivered in the ordinary course. In the context of proceedings under Section 138 of the Negotiable Instruments Act, it is therefore unnecessary to plead in the complaint that notice was actually served or that the accused deliberately evaded service. Whether the notice was in fact served, returned unserved, or fraudulently avoided is a matter for evidence and proof at trial. At the stage of issuance of process, the High Court ought not to quash the complaint on the ground that service of notice is not specifically pleaded or proved.

Conclusion: The quashing of the complaint was unsustainable and the complaint was required to be restored.

Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, service of statutory notice is presumed when it is sent by registered post to the correct address, and the complaint cannot be quashed at the threshold merely because it does not specifically aver actual service or proof of service.

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