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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 was defeated because a second notice was issued beyond fifteen days, when the first notice had been sent within time to the correct address and was deemed served.
Analysis: The statutory scheme requires the payee to issue a written demand notice within fifteen days of receiving intimation of dishonour. Where such notice is sent by registered post to the correct address, service is deemed under the General Clauses Act and the Evidence Act, subject to rebuttal by the drawer. A subsequent reminder notice does not undo compliance with the earlier valid notice. The object of Section 138 is to prevent dishonoured cheque drawers from avoiding liability, and the provision must be construed to advance that purpose rather than defeat it on a technicality.
Conclusion: The first notice satisfied the statutory requirement, the second notice was only a reminder, and the complaint under Section 138 read with Section 142 was maintainable. The High Court's contrary view was set aside.
Final Conclusion: The conviction-based relief granted by the trial court and affirmed in appeal was restored in principle, and the matter stood disposed of on the terms directed by the Court, including the payment arrangement.
Ratio Decidendi: A demand notice under the cheque dishonour law is duly served when sent by registered post to the correct address, and a later reminder notice does not nullify prior compliance with the statutory notice requirement.