notice to the "correct address" of the accused. While the accused contends that
the address was incorrect, his omission to challenge the complainant ... such as proof of residence
elsewhere, alternate addresses etc. to substantiate his claim of address being incorrect.
20. Additionally, upon the issuance of the process
second address. Though the
accused in his evidence in chief has stated his address
which is all together different from the two addresses
mentioned ... document to prove his address and had the address
mentioned in the Aadhar card and other document
different from the address mentioned in the legal
person'. If the complainant had mentioned a wrong address or
incorrect address, then the endorsement would be 'incomplete
address' or 'insufficient ... address
mentioned on the postal cover is wrong, then he will give an
endorsement as 'incomplete address or incorrect address'. The
witness
aforesaid address is denied by the accused during the stage of notice
framing and statement of accused stating that the aforesaid address is incorrect
during ... hand as the
legal demand notice was sent at the incorrect address. Therefore, the defence of
the accused that he had not received the legal
complainant had raised wrong invoices and sent them on the
incorrect address. He denied receiving any goods from the complainant in
relation to the invoice ... were correct and the remaining bills bore his
incorrect address. He admitted the statement of the account Ex. CW-1/2 to
CC No. 6386
mentioned on the legal notice has not been
stated to be incorrect address by the accused. Further, the accused had also mentioned the same
address ... contested that his address on the legal notice is an incorrect address or
the complainant had sent the legal notice at an incorrect address either
taken a stand that the legal notice was sent on an incorrect address and the complainant was
aware about the factum of the change ... knowledge of the change in address, the
complainant addressed the legal notice in question at the incorrect address. The accused could have
A.S. Shoe
hand as the legal demand notice was sent at the incorrect address.
Therefore, the defence of the accused that he had not received the
legal ... favour of the complainant if
the notice was sent to the incorrect address. As the necessary
notice had not been served, the complaint could
University Of Delhi vs Neeraj & Anr on 25 August, 2025
Author: Sachin Datta
Bench
MSME
Council, or that the same was sent to the incorrect address, the
presumption of law would be that the award was delivered ... postal
article had not been properly stamped or sent to the incorrect address or not
posted at all.
32. In Magma Fincorp Limited (supra
