2025:KER:18108 CRL.MC NO. 1985 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 CRL.MC NO. 1985 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 05.02.2025 IN CC NO.936 OF 2012 OF JUDICIAL FIRST MAGISTRATE COURT, KOTHAMANGALAM PETITIONER PRADEEP KUMAR L S AGED 49 YEARS S/O SASIKUMAR. LAYAPPILLYIL HOUSE, THALAKKODU P O, KOTHAMANGALAM., PIN - 686693 BY ADV K.S.SREEJITH RESPONDENTS: 1 GEORGE PAULOSE S/O POULOSE, KAZHUTHAMTHONDIL HOUSE, RAVALANGAIAM KARA, KUTTAMANGALAM VILLAG E., PIN - 688501 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM., PIN - 682031 BY SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:18108 CRL.MC NO. 1985 OF 2025 2 ORDER The petitioner is the accused in CC.No.936 of 2012 pending before the Judicial First Class Magistrate Court-1, Kothamangalam. The case originated from a complaint filed by the 1st respondent under Sections 138 and 142 of the Negotiable Instruments Act. 2. The allegation in the complaint is that, after borrowing an amount of Rs.1,00,000/- from the 1st respondent, petitioner issued a cheque toward discharge of that liability, which, on presentation, was dishonoured for insufficiency of funds. Though 1st respondent issued a statutory notice demanding payment of the amount, neither was the amount paid nor reply issued. 3. During trial in the case, complainant was examined as PW1 and the petitioner and another witness were examined on the defence side. Thereafter, the defence evidence was closed and the case posted for hearing. At that stage, the petitioner filed an application under Section 311 of 2025:KER:18108 CRL.MC NO. 1985 OF 2025 3 Cr.P.C seeking to examine the postman of Thalakode Post Office as a witness. The trial court having dismissed the petition as per Annexure A9, this Crl.M.C. is filed. 4. The learned counsel for the petitioner contended that, all throughout, the specific defence set up by the petitioner is that the notice under Section 138(b) was never served on him. It is the submission of the learned counsel that the address in the envelope in which the notice was sent is incomplete, inasmuch as the name of the petitioner’s father is not written. Reference is made to Clause 26 of the Post Office Guide Part I to contend that the addressee’s details should include, among other details, name of father or husband. It is pointed out that, since the notice is returned as unclaimed, by examining the postman, it can be proved that the notice was returned by reason of the address being incomplete. 5. A perusal of the impugned order shows that, while rejecting the petition, learned Magistrate had noted that 2025:KER:18108 CRL.MC NO. 1985 OF 2025 4 the address in the envelope and the address in the Vakalath filed by the petitioner are the same. As per Section 27 of the General Clauses Act, notice sent via Registered Post in the correct address, when returned as unclaimed, amounts to valid service. As far as the contention based on Clause 26 of the Post Office Guide Part I is concerned, a careful scrutiny of the provision makes it clear that the above provision only advises the inclusion of various minute details so as to ensure prompt delivery of the postal articles. Being so, non-inclusion of the father’s name cannot be taken as a patent violation capable of rebutting the presumption under Section 27 of the General Clauses Act. For the aforementioned reasons, the Crl.M.C. is dismissed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:18108 CRL.MC NO. 1985 OF 2025 5 APPENDIX OF CRL.MC 1985/2025 PETITIONER’S ANNEXURES ANNEXURE A1 TRUE COPY OF THE COMPLAINT ANNEXURE A2 TRUE COPY OF VAKKALATH OF ACCUSED IN CC NO 936/2012 ANNEXURE A3 TRUE COPY OF THE DEPOSITION OF THE PW1 ANNEXURE A4 TRUE COPY OF THE ORDER IN CRL MP NO 3294/2024 TO RECALL PW1 ANNEXURE A5(A) TRUE COPY OF THE ORDER IN CRL MP 5038 / 2024 ANNEXURE A5(B) TRUE COPY OF THE ORDER IN CRL MP NO 5039/2024 ANNEXURE A6 TRUE COPY OF A PETITION (CRL MP NO 5331/2024 ) TO EXAMINE POSTMAN IN THALAKODDUEPOST OFFICE AT KOTHAMANGALAM ANNEXURE A7 TRUE COPY OF UNCLAIMED LEGAL NOTICE ANNEXURE A8 TRUE COPY OF OBJECTION IN CRL MP NO 5331/2024 ANNEXURE A9 TRUE COPY OF THE ORDER DATED 5-2-2025 IN CRL MP NO 5331/2024 RESPONDENT’S ANNEXURES : NIL //TRUE COPY// PA TO JUDGE