M.S.Durairaj, 66 Years v. M.Ravikumar
Negotiable Instruments Act, 1881 – Sections 138, 138(b), 118, 139, 20 – Statutory notice – Deemed service
Case brief
What is this about?
Madras High Court, CRL A No. 512 of 2017, decided 07-11-2025 by M. Nirmal Kumar, J. Complainant's appeal under Section 138 NI Act against acquittal. Held: statutory notice to proprietor's firm address (M/s.Suba Dharani Food Products) returned 'refused' is deemed service under Section 27, General Clauses Act, 1897, where the accused-admitted receipt at the company address and never communicated a change of address; C.C. Alavi Haji (2007) 6 SCC 555 followed; Sri Sairam Enterprises (Crl.O.P.No.303 of 2019, 13.07.2022) distinguished. Misuse of a signed blank cheque: Section 20 completion power plus Sections 118/139 presumptions; admitting signature defeats the defence. Lower appellate Court's non-service finding held perverse without materials; trial Court conviction (six months simple imprisonment, Rs.10 lakhs compensation, STC No.204 of 2014, Hosur) restored; C.A.No.66 of 2015 (Krishnagiri Sessions) set aside. Keywords: deemed service, refused endorsement, blank cheque, presumption, cheque dishonour, Krishnagiri, Hosur.