MUMBAI, 04 DECEMBER, 2020 (GPN): In a cheque bounce case, Admittedly, demand notice Ex.P/5 was sent by registered A.D., which was returned with a note of postal officer that the addressee does not reside on the given address.

Contention of the learned counsel for the complainant is that during trial of the case, at a subsequent stage, a summon Ex.P/6 was issued to the respondent by the Court on the same address and this was served on his wife Nidhi Kushwah. The contention of the learned counsel is that demand notice Ex.P/5 and the summon Ex.P/6 have been sent at the same address which shows that demand notice was also served to the respondent or it cannot be treated as unserved as it was sent on the correct address of the respondent.

High Court however observed “First thing is that there is nothing to establish that words written on the summon “Nidhi Kushwah” belongs to the wife of the respondent and second thing is that demand notice sent by registered post is returned with a clear note that addressee does not reside on the given address, therefore, in any case, it cannot be treated as ‘served’.”

In State of M. P. v. Hira Lal reported in (1996) 7 SCC 523 as well as in Jagdish Singh
v. Nathu Singh reported in AIR 1992 SC 1604, the Supreme Court held that where the
addressee manages to have the notices returned with postal remarks “refused”, “not
available in the house,” “house-locked” and “shop closed” respectively, it must be deemed
that the notices have been served on the addressee.

Section 27 gives rise to a presumption that service of notice has been effected when
it is sent to the correct address by registered post. In view of the said presumption,
when stating that the notice has been sent by registered post to the address of the
drawer, it is unnecessary to further aver in the complaint that in spite of the return
of the notice unserved, it is deemed to have been served or that the addressee is
deemed to have knowledge of the notice. Unless and until the contrary is proved by
the addressee, service of notice is deemed to have been effected at the time at
which the letter would have been delivered in the ordinary course of business.”

(For the speed option, this number mostly starts with an E., For registers R and for register parcel it would be a C. The consignment is very good to know if you want to be able to track your shipments down. The India Post consignment number or tracking number, is the number given to your parcel)

Tracking methods:

• Registered Post tracking
• Speed post tracking

Tracking number formats:

• Speed Post EMS domestic: EE097456789IN
• International EMS Articles to be delivered in India: EE987256789XX
• Electronic Money Order (eMO):000000000000000000
• Registered Post:RX987654321IN
• Express Parcel Post:XX000000000XX

Delivery times:

• Registered Post: 2-5 days to reach the destination
• Speed post: 2-3 days to reach the destination.