Relief to drawee us 138 ni act if the legal notice to drawer is not delivered.

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A cheque bounce case under Section 138 of the Negotiable Instruments Act generally cannot be filed if the accused has not received the legal notice.

It is mandatory to serve a notice to drawer before filing complaint u/sec 138 of N.I.Act.Drawee has to sent notice on correct and last known address of drawer, Notice sent on wrong address of drawer will make complaint fatal.

Section 27 of the General Clauses Act, 1897, deals with the service of documents by post. It establishes a presumption that service is effected when a document is sent by registered post, provided it is properly addressed, prepaid, and posted. This means the recipient is presumed to have received the document at the time it would have been delivered in the ordinary course of post, unless they can prove otherwise. 

If the notice has been sent to the last known address by Registered Post that is enough even if the notice is not received by the addressee for whatever reason.

Section 27 of the General Clauses Act, 1897, deals with the service of documents by post. It establishes a presumption that service is effected when a document is sent by registered post, properly addressed and prepaid. Unless the contrary is proven, the service is deemed to be effected at the time the letter would be delivered in the ordinary course of post. 

In the instant case provisions of Section 27 of the General Clauses Act, 1897 shall not apply as the address of drawer of the subject cheque is incorrect. You will have to locate correct address of drawer of the cheque within 30 days of dishonour of the cheque for issuance of notice giving 15 days time to pay the cheque amount for filing a complaint u/s 138 of the NI Act, 1881

It is not clearly stated how and why the notice was sent to wrong address. If the drawer of the cheque had given his address to the drawee at the time of delivering the cheque, but later moved to another address without intimating the drawee, the drawee can claim under Section27. It is also necessary that the notice should have been sent by Registered Post and not by private courier.

It is complainant's duty to furnish crrect address of respondent. 

There could be no cause of action under Section 138 unless the mandatory address is served. You have the option of filing a civil case.

During the course of the transactions the accused may have provided his address to the complainant and the latter may have accepted the same in good faith. That is enough under Section 27

Provisions of Section 27 of the General Clauses Act, 1897 are not applicable in the instant case, I reiterate.

The reason for wrong address is both parties knew each other as they worked in the same company, different postions. Owing to this cordial relation, the drawee had lent some money to the Drawer of cheque on the pretext of meeting medical expences of his parents. Now, since both had been working in the same organsation. the drawee did not bother to check the current address and the permanent address of the drawer, though both had executed a document on Rs.100/- stamp paper, with 2 witnesses, in that doucment only the addresses are given. So we had to rely on these addresses only. Now what after detailed investigation of the matter, the drawee came to know about the real address of drawer but the timeline of 30 days has passed.
What is the wayout now??
Please assist 

You had executed an agreement with the drawer of the cheque and in the agreement the address of the drawer was given.  You sent your notice to the address given in the agreement. You sent your notice to his last address known to you. It was not an error on your part. That is enough. One cannot go on chasing the address. The opposite party may even refuse to give you his current address to avoid service of the notice. If at all, only the court can decide whether you have satsfied the requirements of NI-138. If the court admits your case, the court will send notice to the opposite party. The notice gives an opportunity to the opposite party to settle the matter. Plain common sense says if the reason the opposite party had was he did not receive your notice he can agree to pay the amount on receiving the court notice. But sadly common sense is a rare commodity with the legal fraternity.

Whther two persons have signed eed as guatatory or meely witnesses.

When it is only a question of addressing the notice under  NI-138, whether the two signed as witnesses or guarantors is not relevant.