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11. To substantiate the said contention, the complainant got examined its Medical Record Executive as PW1. In the examination in chief the complainant has reiterated the averments made in the complaint. Ex.P1 and Ex.P2 are the cheques. The accused has admitted that Ex.P1 and Ex.P2 are relates to his account so also his signature in the Ex.P1 and Ex.P2. Ex.P3 to Ex.P6 are the cheques return memo which indicates that cheques returned for the reason "Funds Insufficient'', Ex.P7 is the demand notice issued by the complainant to the accused through his Advocate calling upon the accused to make payment of the cheques amount, Ex.P8 is the postal receipt, ExP9 is the DTDC Track consignment receipt, Ex.P10 is the authorization letter, Ex.P11 is the first admission discharge summary issued from Navachethana Hospital, bill and receipt, Ex.P12 is the second admission discharge summary, bills and receipts, Ex.P13 is the third admission discharge summary, bills and receipts.

31. In the said case, no averment in complaint has been made that notice was sent to the correct address of the drawer of cheque by registered post, acknowledgment due. But returned envelop annexed to complaint showed the said fact. Hence held that the mandatory requirement of Sec. 138 had been sufficiently complied with .

32. Coming to the case in hand, the complainant has produced copy of the legal notice as per Ex.P7, postal receipt as per Ex.P8 and DTDC track consignment receipt as per Ex.P9. The PW.1 has pleaded ignorance whether legal notice is served to the accused or not. As observed supra, it is the case of the complainant that the legal notice is issued through speed post. Ex.P9 produced by the complainant is DTDC track consignment. DTDC track consignment is with respect to if any article is sent through courier. Speed post is a service offered by Indian Post whereas courier service are offered by Private companies like DHL, DTDC, FEDEX etc., Service of speed post can be tracked by using Indian Post Website or SMS or track consignment service. If Ex.P9 is perused, as observed supra, it is DTDC track consignment. The question of issuing DTDC track consignment for service of article would arise only if consignment is sent through courier. But as per the own case of complainant legal notice was sent through speed post but not through courier so as to produced Ex.P9. Further if Ex.P9 is carefully perused, in the Ex.P9 the name of the consigner is mentioned as "Roshan P Tariker from Goa and the name of the consignee is mentioned as M/s Nava Chethan Hospital, Bangalore. The name of the counsel for the complainant is "Roshan P Tariker". As per Ex.P9, the description of contents sent through courier was "DOX". From the aforesaid document it can be said that the counsel for complainant from Goa has sent some articles to the complainant hospital through courier and receipt for having served the article is produced before this court and marked as Ex.P9. Hence, it can be said that Ex.P9 is no way related to this case and the complainant tried to mis- guide the court to make it believe that legal notice is served to the accused. It is true that the complainant has produced copy of legal notice and postal receipt. But no document to prove that legal notice is served to the accused has been produced. It is true that if legal notice is sent through RPAD to the correct address of the accused then even if postal cover is returned with shara "Left the address" unclaimed, refused etc., presumption shall have to be drawn u/Sec. 27 of General Clauses Act regarding the due service of notice. But herein legal notice is sent not through RPAD but through speed post. Further complainant has not produced either un-served postal cover or track consignment report to let the court know whether legal notice is served to the accused or if not served for what purpose it has been returned etc 

Ex.P.1 & Ex.P2      : Original Cheques
Ex.P.1(a) &         : Signatures of the accused.
Ex.P2(a)
Ex.P.3 to 6         : Bank endorsements
Ex.P.7              : Office copy of legal notice
Ex.P.8              : Postal Receipt
Ex.P.9              : DTDC Track consignment receipt
Ex.P10              : Authorization letter
Ex.P.11             : First admission, Discharge
                      Summary issued from
                      Navachethana Hospital, bill and
                      receipt
Ex.P.12             : Second admission, Discharge
                      Summary, bills and receipts.
Ex.P.13               Third admission, Discharge
                      Summary, bills and receipts.