https://www.taxtmi.com/caselaws?id=154261 In a prosecution under Section 138 of the Negotiable Instruments Act, notice sent to the correct address may attract a rebuttable presumption of service even if returned with endorsements such as non-availability of the addressee, absence, locked premises, or similar refusal-type situations. The Court applied Section 27 of the General Clauses Act to hold that deliberate evasion, unclaimed delivery, or refusal can support deemed service, while the genuineness of the postal endorsement is ordinarily a matter for evidence at trial. A petition under Section 482 of the Code of Criminal Procedure is therefore not the proper stage to decide disputed questions on fraudulent avoidance of service, and quashing at the threshold is not warranted. en-us Thu, 25 May 2006 00:00:00 +0530 Tue, 10 Jun 2014 11:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154261 In a prosecution under Section 138 of the Negotiable Instruments Act, notice sent to the correct address may attract a rebuttable presumption of service even if returned with endorsements such as non-availability of the addressee, absence, locked premises, or similar refusal-type situations. The Court applied Section 27 of the General Clauses Act to hold that deliberate evasion, unclaimed delivery, or refusal can support deemed service, while the genuineness of the postal endorsement is ordinarily a matter for evidence at trial. A petition under Section 482 of the Code of Criminal Procedure is therefore not the proper stage to decide disputed questions on fraudulent avoidance of service, and quashing at the threshold is not warranted. Case-Laws Indian Laws Thu, 25 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154261