Dishonour of Cheque -- Demand Notice -- Received by Family Member -- Notice sent by registered post to correct address is valid service even though received by Family Member
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Demand Notice Received by Family Member -- Notice sent by registered post to correct address of drawer satisfies proviso (b) -- Presumption of valid service arises under Section 27 of General Clauses Act, 1897, and Section 114 of Evidence Act, 1872 -- Identity of recipient does not matter -- Drawer must rebut it by proving that he had no knowledge of notice or that address was wrong -- Complainant need not prove that drawer knew of receipt. (ii) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Non-Receipt of Demand Notice Claimed by Drawer -- Drawer who does not pay within 15 days of receiving court summons with copy of complaint cannot deny service of notice -- Presumption of service remains in force. (iii) Constitution of India, 1950, Art.141 -- Precedent -- Judgment Delivered Without Reference to Binding Larger Bench Decisions -- Judgment of coordinate Bench that ignores binding precedents is per incuriam -- It is not binding precedent -- Decision holding that notice received by wife of drawer is not valid service is per incuriam.
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