https://www.taxtmi.com/caselaws?id=776062 Service of statutory notice under Section 138(b) of the Negotiable Instruments Act is a mandatory condition precedent, and proof of dispatch to the correct address does not by itself complete service where the notice is received only by a third person and there is no evidence that the accused knew of that receipt. The presumption under Section 27 of the General Clauses Act and Section 114 of the Evidence Act applies where service is effected, refused, or deliberately evaded, but not on these facts. Because the complainant did not prove legally attributable notice to the accused, the cheque dishonour conviction and sentence could not be sustained and were set aside. en-us Tue, 29 Jul 2025 00:00:00 +0530 Tue, 05 Aug 2025 07:54:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=776062 Service of statutory notice under Section 138(b) of the Negotiable Instruments Act is a mandatory condition precedent, and proof of dispatch to the correct address does not by itself complete service where the notice is received only by a third person and there is no evidence that the accused knew of that receipt. The presumption under Section 27 of the General Clauses Act and Section 114 of the Evidence Act applies where service is effected, refused, or deliberately evaded, but not on these facts. Because the complainant did not prove legally attributable notice to the accused, the cheque dishonour conviction and sentence could not be sustained and were set aside. Case-Laws Indian Laws Tue, 29 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=776062