Presumption of Valid Service Under Section 138 Negotiable Instruments Act When Notice Is Received by Family Members

sketch of the Supreme Court of India
Case
SAINABA v. STATE OF KERALA (Supreme Court of India, 30-09-2026)
Law
Code of Criminal Procedure, General Clauses Act, Indian Evidence Act, Negotiable Instruments Act.

Highlights of the Judgment:

  • Detailed analysis of the statutory requirements for serving a demand notice under Proviso (b) to Section 138 of the Negotiable Instruments Act, 1881.
  • Application of the rebuttable presumption of service under Section 27 of the General Clauses Act, 1897 and Section 114 of the Indian Evidence Act, 1872.
  • Evaluation of whether delivery of notice to a family member at the correct address satisfies the legal threshold of service.
  • Supreme Court ruling declaring a conflicting coordinate bench judgment as per incuriam for ignoring binding larger bench precedents.