Cheque dishonour notice evidence must be proved by reliable postal records; defective proof can justify remand for fresh evidence.

In a prosecution for cheque dishonour, the statutory demand notice must be supported by reliable postal evidence where the dates of issue and service are material to limitation and compliance. The absence of postal receipt, acknowledgment card, or comparable records left the evidentiary basis for proving service incomplete and justified the trial court's acquittal on the record as it stood. However, because the missing documents were available in a connected matter and both sides should have a further opportunity to lead evidence, the acquittal was set aside and the complaint remanded for fresh consideration on evidence.

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Issues: (i) Whether non-production of postal receipt, acknowledgment card, or other postal records proving issuance and service of the demand notice under the Negotiable Instruments Act was fatal to the complaint; (ii) Whether the acquittal should be set aside and the matter remanded to permit further evidence on notice and service.

Issue (i): Whether non-production of postal receipt, acknowledgment card, or other postal records proving issuance and service of the demand notice under the Negotiable Instruments Act was fatal to the complaint.

Analysis: The complaint under Section 142 of the Negotiable Instruments Act was founded on dishonour of cheques punishable under Section 138, and issuance of a demand notice within the statutory framework was essential. While service may be presumed when a notice is sent by registered post to the correct address, and endorsements such as unclaimed or refused may amount to valid service in law, the date of issuance and the date of service or deemed service still had relevance for compliance with the limitation requirements. In the absence of postal receipt, acknowledgment card, or comparable postal records, the evidentiary basis to establish those dates was missing.

Conclusion: The non-production of the relevant postal documents justified the trial court's finding and, by itself, supported the acquittal on the record as it then stood.

Issue (ii): Whether the acquittal should be set aside and the matter remanded to permit further evidence on notice and service.

Analysis: The missing documents had been produced in a connected matter between the same parties, and the dispute involved money due to a public sector undertaking. In these circumstances, an opportunity to adduce further evidence, including the relevant postal documents, was considered appropriate so that the complaint could be decided afresh after both sides were heard on evidence.

Conclusion: The acquittal was set aside and the matter was remanded to the Magistrate court for fresh consideration with liberty to both sides to adduce further evidence.

Final Conclusion: The appeal succeeded, and the prosecution was restored to the trial stage for a fresh adjudication on evidence.

Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, the service or deemed service of the statutory notice must be supported by reliable postal evidence where the dates of issuance and service are material to limitation, but a defective evidentiary record may justify remand to permit additional evidence and fresh consideration.

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