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C. C. Alavi Haji v. Palapetty Muhammed
Supreme CourtPage 2 of 6 · (2007) 6 SCC 555¶14 — A notice correctly addressed and returned unclaimed is deemed served, and the drawer who avoids the postman cannot found a defence on non-receipt. Any other construction would place a premium on evasion.
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Alavi Haji · (2007) 6 SCC 555
C. C. Alavi Haji v. Palapetty Muhammed
(2007) 6 SCC 555
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C. C. Alavi Haji v. Palapetty Muhammed
Supreme CourtPage 2 of 6 · (2007) 6 SCC 555The object of the provision is to ensure that the drawer of a cheque is afforded an opportunity to make good the payment before criminal liability attaches. That opportunity is not to be converted into an escape route by the simple expedient of declining to collect the notice.
¶14 — A notice correctly addressed and returned unclaimed is deemed served, and the drawer who avoids the postman cannot found a defence on non-receipt. Any other construction would place a premium on evasion.
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C. C. Alavi Haji v. Palapetty Muhammed
Supreme CourtPage 2 of 6 · (2007) 6 SCC 555The object of the provision is to ensure that the drawer of a cheque is afforded an opportunity to make good the payment before criminal liability attaches. That opportunity is not to be converted into an escape route by the simple expedient of declining to collect the notice.
¶14 — A notice correctly addressed and returned unclaimed is deemed served, and the drawer who avoids the postman cannot found a defence on non-receipt. Any other construction would place a premium on evasion.
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