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High Court allows the petition, sets aside the Addl. Sess. J.'s order dismissing the complaint and restores the complaint under Section 138 of the Negotiable Instruments Act. The HC holds that service by sending the statutory notice to the address derived from the accused's Aadhaar was lawful, and the envelope's return marked "left address" does not vitiate the complainant's case where the complaint pleads deliberate avoidance of service. The Revisional Court's contrary interpretation is disturbed; the HC concludes Section 138(b) requirements were complied with and that "receipt of the notice" is a phrase used for limitation computation, not an onerous proof of personal service. Sufficient material existed to issue process.
High Court allows the petition, sets aside the Addl. Sess. J.'s order dismissing the complaint and restores the complaint under Section 138 of the Negotiable Instruments Act. The HC holds that service by sending the statutory notice to the address derived from the accused's Aadhaar was lawful, and the envelope's return marked "left address" does not vitiate the complainant's case where the complaint pleads deliberate avoidance of service. The Revisional Court's contrary interpretation is disturbed; the HC concludes Section 138(b) requirements were complied with and that "receipt of the notice" is a phrase used for limitation computation, not an onerous proof of personal service. Sufficient material existed to issue process.
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