https://www.taxtmi.com/caselaws?id=250514 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. en-us Wed, 16 Jul 2014 00:00:00 +0530 Wed, 04 Jun 2025 17:32:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=250514 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. Case-Laws Indian Laws Wed, 16 Jul 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=250514