D. VINOD SHIVAPPA versus NANDA BELLIAPPA

D. VINOD SHIVAPPA versus NANDA BELLIAPPA

Whether deemed service of notice arises when notice is returned unserved due to non-availability of the addressee depends on the facts of each case; it is a question of fact to be considered in light of evidence. There cannot be a universal rule that notice is deemed served in all such cases, nor can the mere return of notice as unserved in such situations defeat the object of Section 138 of the Negotiable Instruments Act. High Courts should not quash proceedings under Section 482 Cr.P.C. at the threshold, and the issue whether endorsement was manipulated or false must be decided at trial.

Parties
Appellant: D. Vinod Shivappa; Respondent: Nanda Belliappa
Jurisdiction
India
Judgment Date
25 May 2006
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Petition Under Section 482 Cr.p.c. by the High Court
Outcome
Appeals dismissed
Legal Topics
Dishonour of Cheque, Presumption of Service, Section 138 of Negotiable Instruments Act, Section 482 Cr.p.c., Interpretation of Statutes
Criminal Law Banking Law Dishonour of Cheque Presumption of Service Section 138 of Negotiable Instruments Act Section 482 Cr.p.c. Interpretation of Statutes

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Parties

D. Vinod Shivappa

Appellant

Nanda Belliappa

Respondent

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Petition Under Section 482 Cr.p.c. by the High Court

Legal Issues

  1. 1 Whether cause of action arises for prosecution under Section 138 NI Act when notice is returned 'unserved' due to non-availability of addressee
  2. 2 Whether presumption of service can be drawn where notice is returned unserved for reasons other than refusal

Ratio Decidendi

Whether deemed service of notice arises when notice is returned unserved due to non-availability of the addressee depends on the facts of each case; it is a question of fact to be considered in light of evidence. There cannot be a universal rule that notice is deemed served in all such cases, nor can the mere return of notice as unserved in such situations defeat the object of Section 138 of the Negotiable Instruments Act. High Courts should not quash proceedings under Section 482 Cr.P.C. at the threshold, and the issue whether endorsement was manipulated or false must be decided at trial.

Court Disposition

Appeals dismissed

Orders

  • Trial court directed to proceed with complaint cases in accordance with law.