Case Law Details
Case Name : N Paraeswaran Unni Vs G Kannan and Another (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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This Court in catena of cases has held that when a notice is sent by registered post and is returned with postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed2. Though in process of interpretation right of an honest lender cannot be defeated as has happened in this case. From the perusal of relevant sections it is clear that generally there is no bar under the N.I. Act to send a reminder notice to the drawer of the cheque and usually such notice cannot be construed as an...
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It is indeed is an excellent judgement and very precisely dealt with provisions of Section 138. However it a part of misfortune that the person who has suffered initially by the dishonesty of the drawer of the cheque had to wait for more than 30 years for the justice.