The Decision Of Hon'Ble Supreme Court In ... vs S B on 17 August, 2011
It is a settled law that only such legal demand notice shall take effect
which has been either duly served upon the accused or deemed
under the law to have been served upon the accused. A legal notice
sent to the accused as many number of times cannot be regarded
as duly served or as an ingredient towards making an offence under
section 138 of the Act, until and unless the same is duly received or
deemed to have been received by the accused or proved to have
been delivered. Also, the Hon'ble Delhi High Court in Raghuvir
Goswami vs Nirmal Thakur, 122 ( 2005 ) DLT 350, held that
" it is only when one valid notice is given under section
of the Act that the limitation starts running. Any notice
22/23 C C No. 191/97
which is not in conformity with the requirement of
section 138 of the Act is not a valid notice for the
purpose of putting into motion the process of law under
Negotiable Instrument Act. "