address, which was returned by all three
different competent authorities with the endorsements "destination
address incomplete", "insufficient address", "incorrect address ... address problem", "destination address incomplete" constitute a valid
service particularly when the landlord is aware of the correct address
and further
never received by the accused as the same was sent on incorrect
address. He prayed that the accused be acquitted of the offence. In support ... that the notice was brought to his
address or that the address mentioned on the cover was incorrect or
that the letter was never tendered
notice and the complainant has deliberately sent the demand notice on
incorrect address, despite having the original Aadhaar card of accused. He
prayed that ... address or that the address mentioned on the cover
CC No. 5745/2020 Rahul Vs. Rajat Kaushik Page no.9/12
was incorrect or that
that the notice was
brought to his address or that the address mentioned on the cover
was incorrect or that the letter was never tendered ... address mentioned on Ex. CW1/J, the address
mentioned on the envelope is the office address of the accused, but in the name
Thus,
the learned assessing officer made the inquiries at the incorrect address.
Furthermore, the learned assessing officer has heavily relied upon the
statement ... list of 18 companies where
the inspector has gone to the incorrect address as held above. Further, at
para number 10 of the remand report
manage the report of the Process Server and the Postman. Since incorrect address of his house was shown it cannot be said that the petitioner ... address of the petitioner which makes it evident that the private respondents know the correct address of the petitioner and had deliberately mentioned incorrect address
that the notice was brought to his
address or that the address mentioned on the cover was incorrect or
that the letter was never tendered ... case
the notice is correctly addressed. If the notice is incorrectly
addressed no legal presumption can arise..."
"24. Section 138 of the Negotiable
notice has been received by the
accused and moreover, it was addressed incorrectly. He submits that the
legal notice sent to the accused ... received any legal
notice. When the legal notice is incorrectly addressed, the same could be
fatal to the case. The Hon'ble High Court
receipt of notice by
alleging that notice was sent to an incorrect address as the address to which legal notice
is sent is non-existent ... Supra )wherein it
was held that " if demand notice is incorrectly addressed , no cause of action can arise.....
22. Legal presumption of service
cannot be drawn if the notice has been sent on the incorrect address of
the drawer of the cheque.
15) In the instant case ... shown as "Vasundra Enclave, Jammu" which is patently
incorrect. The second address of the petitioner shown in the notice of
demand