service of notice u/s 138 N.I.Act
Querist :
Anonymous
(Querist) 21 April 2011
This query is : Resolved
Demand notice sent through Regd. Post with A/D and the same was returned with Postal Endorsement " Not Known ".
Is the endorsement "Not Known " a good service ?
I am for the accused ... I need few citations to prove that Not Known is not at all a good service.
........... Could you help me out of this problem ?
Kiran Kumar
(Expert) 21 April 2011
its a technical question....
even if, in my opinion, the notice was returned for the reasons "Not Known" the complaint shall not be dismissed in liminie...
the postman might have given a false report...moreover the notice must have been sent through UPC....there must be some evidence to show that the Not Known report is false....
but onus will be on complainant to prove all this.
Devajyoti Barman
(Expert) 21 April 2011
Yes, prima facie it is not good service.
Parveen Kr. Aggarwal
(Expert) 22 April 2011
The pre-requisite for presumption of due service is that the letter must have been addressed to the 'correct address' of the addressee. The report of 'not known' suggests that the address is not correct. In such a case, service of notice cannot be presumed. The report of postman bears a presumption of correctness under section 114 of the Indian Evidence Act, 1872.
Guest
(Expert) 22 April 2011
I endorse the views of Parveen Kr. Agarwal in so far as the postman's service and remarks. We cannot presume that the service was not good unless you have not received back another copy of the letter posted by UPC, if done in addition, with the same remarks of the postman, and you also have some definite proof that the person addressed lives in the same premises.
It may also be possible that the postman can be new to that area and he would have been given wrong information even by the same person or other relation that no such person lives there.
However, if you have the definite proof and other correspondence from you would also have been delivered to the addressee at the same address, your advocate can even request the court to summon the postman also for evidence to prove the correctness of his remarks.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 April 2011
No service at all. You have to prove by credible evidence that address is correct otherwise no use.
Relevant SC posted elsewhere.
Arun Kumar Bhagat
(Expert) 23 April 2011
It is good service unless by cogent proof it is proved that the notice is deliberately not caused to be delivered by the complainant.
