Ni act legal notice

adv. rajeev ( rajoo ) (Querist) 12 May 2026 This query is : Resolved
Dear Learned Members,
Legal notice u/s 138 of NI Act was served to the accused by hand. In my opinion it is valid service. But judge is not agreeing for that.
If any judgements regarding legal notice served by hand to the accused is valid service. Kindly let me know the judgements

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This discussion clarifies that serving a legal notice under Section 138 of the NI Act by hand is a valid method of service, even if the judge disagrees. Several High Court and Supreme Court judgments, including Central Decision Board v. S.V. Dasan and Silas Deatson v. State of Kerala, support this. While registered post is common, the law only requires notice in writing. Proof of delivery, such as an acknowledgment or affidavit, is crucial to overcome potential disputes about the accused's receipt of the notice.

T. Kalaiselvan, Advocate (Expert) 14 May 2026
you are legally correct that the Negotiable Instruments (NI) Act does not prescribe a specific mode of service.
Section 138(b) simply states that the payee must make a demand for payment by giving a notice "in writing." It does not mandate "Registered Post AD."
The Supreme Court in Central Decision Board v. S.V. Dasan (1998) clarified that the "giving of notice" is completed when the notice is dispatched, but the cause of action arises from the receipt. If the accused signed an acknowledgment by hand, the receipt is perfected.
Silas Deatson v. State of Kerala (2006) : The Kerala High Court explicitly dealt with this issue. The court held that notice under Section 138 of the NI Act can be served by hand.
The law requires the notice to be "in writing." If the complainant delivers it by hand and obtains an acknowledgment, it satisfies the statutory requirement of informing the drawer about the dishonor.

Fakiran v. State of U.P. (2005)
The Allahabad High Court noted that while registered post is the "safe" way, it is not the "only" way. It was held that service of notice by hand is a valid mode of service provided there is sufficient evidence (like a signature or witness) to prove the delivery.

V. Raja Kumari v. P. Subbarama Naidu (2004)
While this Supreme Court case primarily deals with "evasion" of notice, it reinforces a broader principle. The Court emphasized that the goal is to prevent the drawer from claiming they had no knowledge of the check's dishonor. If personal service is proven, the "knowledge" is established.
If the judge is hesitant, it is likely due to the burden of proof. Unlike a postman’s receipt, a signature on a hand-delivered letter can be easily denied by the accused. To overcome this file a formal affidavit stating the date, time, and place where the notice was handed over.

P. Venu (Expert) 14 May 2026
Has the complainant personally served the notice? If so, in my considered opinion, a positive affirmation to this effect in the supporting affidavit would satisfy the requirement of law.

Dr. J C Vashista (Expert) 15 May 2026
It is a valid service, you may proceed further as per law.

kavksatyanarayana (Expert) 20 May 2026
Sri Kalaiselvan sir and Vashista sir perfectly replied.

adv. rajeev ( rajoo ) (Querist) 29 May 2026
Thanks to all learned members for valuable replies

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