Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
Section 138 NI Act is sent to the accused to the correct and complete address given both on the “envelope” and also the “acknowledgement”
On 24.6.2009, the management agreement between the complainant and the accused was terminated. Two cheques given by the accused to the complainant – appellant were dishonoured. Two notices were served on the accused.
The trial Court convicted the accused. However, the appellate Court set-aside the conviction on the ground that the notices were not served on the accused and there was no legally enforceable debt.
The first notice was sent by post under certificate and acknowledgement gives full address. However, the signature of “Trella” appears on the acknowledgement. In the cross-examination, the postman admitted that the registered envelope was given to a girl “Trella” aged 15 years.
The complainant has not established Trella was member of accused family and it cannot be said that the notice was duly received by the accused.
Another notice contained the signature on the acknowledgement. However, it was not proved to be of the accused. Moreover, the acknowledgement receipt did not contain the full address. Thus, the presumption shall operate when a letter is addressed to the Noticee on a proper full address by pre-paying and posting of Registered post. The full address on the envelope may be proof of sending of the notice but it is not a proof of receipt of the notice.
Judgment dated 26.9.2025 of the High Court of Bombay at Goa in Criminal Appeal No.55 of 2014 of Pierre Antonio Lobo Vs Jose Remedios A.A. Rodrigues and another with connected criminal appeal No.56 of 2014.
