Case Law Analysis
|Supreme Court of India
Notice at Correct Address Raises Presumption of Service Under Section 138 NI Act | Receipt by Family Member Does Not Rebut : SC
The Supreme Court held that a statutory demand notice delivered to the correct address raises a presumption of service under Section 138 of the Negotiable Instruments Act, and that receipt of such notice by a family member residing at the same address does not rebut that presumption. The ruling restores the conviction of the accused for cheque dishonour and clarifies service requirements for NI Act prosecutions.