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 and the address mentioned on the legal
notice is his incorrect address. He further stated that he was not
having his office ... legal demand
notice, Ex.CW-1/E, was sent on the incorrect addresses of the
accused.
29. Ld. Counsel for the accused has further submitted
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
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
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
notice and the addresses mentioned
on the legal notice are his incorrect addresses. He further stated
that he was not having his office ... legal
demand notice, Ex.CW-1/C, was sent on the incorrect addresses
of the accused.
20. Ld. Counsel for the accused has further submitted
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
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".
Further, it was also observed that
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
wrong address
by the DDA and therefore, the same could not be delivered.
20. The DDA took up the matter on letter addressed ... request and found that the
allotment letter was sent at the incorrect address. Having
admitted its mistake, the offer letter was re-issued
