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M.N.Thangaraj vs Sri Venkatachalapthi Tex on 25 June, 2007 cites

K. Bhaskaran vs Sankaran Vaidhyan Balan And Anr on 29 September, 1999

11(d) The submission made by the learned counsel appearing for the appellant is that there is no valid service of notice as contemplated under Section 138(b) of the Negotiable Instruments Act. The learned counsel would contend that the postal endorsement on Ex.P.4-returned cover shows that intimation was given on 24.11.1997 to A2-V.S.Gopal. But it was returned to the sender with an endorsement 'not claimed'. The learned counsel would contend that the return of the notice to the sender with an endorsement 'not claimed' will not amount to due service of notice to the accused. But this contention cannot be upheld because as per the ratio in 1999(7) SCC 510 (K.Bhaskaran Vs. Sankaran Vaidhyan Balan and another), that on mere endorsement on the postal cover 'unclaimed' it cannot be presumed that there was no valid service of notice under Section 27 of the General Clauses Act. It is to be presumed that like ordinary post there was a valid service of notice on the addressee. In this case from a perusal of Ex.P.4-returned postal cover it is seen that intimation was given on 24.11.1997 itself. But the addressee/accused has not claimed the said registered post within one week from the date of intimation. Only under such circumstance, the said registered post Ex.P.4 was returned to the sender with an endorsement 'unclaimed' on 1.12.1997. Under such circumstance, it cannot be said that there was no valid service of notice as contemplated under Section 138(b) of the Negotiable Instruments Act. So viewed from any angle the findings of the learned first Appellate Judge in C.A.No.6 of 2001 on the file of the II Additional Sessions Judge, Erode, is, in my opinion, perverse in nature requires interference from this Court and accordingly the appeal is allowed setting aside the judgment in C.A.No.6 of 2001 on the file the II Additional Sessions Judge, Erode.
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