07 Apr 2026 12:17 PM

Dishonour of Cheque -- Notice-- Non-Production of Track Report of Statutory Notice Not Sufficient Ground to Dismiss Complaint Under Section 138 NI Act

Under Section 27 of the General Clauses Act, 1897, a statutory presumption of service arises when a notice under Section 138 of the Negotiable Instruments Act is properly addressed, prepaid, and dispatched by registered post. Non-production of a track report or service report cannot, by itself, be a ground for dismissal of a complaint at the threshold. The question of actual service remains a triable issue, rebuttable by the accused through evidence at trial.

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