NOTICE Notice must be in writing informing that cheque has been returned unpaid also a demand of chqeue amount must be made and it should be within 30 days from receipt of information of dishonour. When notice by registered post returned unclaimed there is presumption of service. 1. Rahul vs. Arihant Fertilizers 2008(4) Mh.L.J. 365 (SC) 2. K. Bhaskaran vs. Shankaran Vidhyabalan 1999 AIR SCW, 3809. Initially, it was held by various High Courts and Apex court that cheque may be presented severally within period of its validity or within 6 months. However, once notice is served and amount is not paid within stipulated period, the cause of action to prosecute starts. Thereafter complaint is to be filed within period of 30 days. However, in case of MSR Leathers vs. Palaniappan and others 2013, Cr.L.J. S.C. 1112. Apex court held that failure to prosecute on basis of first default in payment does not result in forfeiture of right of holder/ payee to prosecute. Nothing in N.I. Act that prohibits holder / payee of cheque from issuing fresh demand notice and then launching prosecution. Limitation of one month from accrual of cause of action for taking cognizance u/s. 142 does not militate against accrual of successive cause of action. Payee is not prevented from combing the causes of action by covering multiple instances of dishonour of cheques in single notice, in such a case all the transactions covered by notice would be regarded as a single transaction permitting a single trial. However, in a case where cheques were issued on different dates, presented on different dates and separate notices were issued in respect of each default. The transactions cannot be held to be a single transaction. Section 219 of Cr.P.C. will not be attracted to such cases. Rajendra Vs. State of Mah. 2007, (1) Mh L.J. 370. Apex court in case of K. Bhaskaran vs. Shankaran 2000 (1) Mh.L.J. 193 observed that giving notice is not the same as receipt of notice. Giving is a process of which receipt is accomplishment. It is for the payee to perform formal process by sending notice to the drawer at correct address...... the payee can send notice for doing his part of giving the notice. Once it is dispatched, his part is over and next depends on what sendee does. It is well settled that notice refused to be accepted by addressee can be presumed to have been served on him. Where notice is returned as unclaimed and not as a refused, it can be deemed to have been served on sendee unless he proves that it was not really served and that he was not really responsible for such non service. Hon'ble Supreme Court in case of Saket India Ltd. vs. India Securities Ltd. AIR 1999, SC 1090 held that the period of one month is to be reckoned according to British Calender as defined in the General Clauses Act and the date on which cause of action arose must be excluded for this purpose. When neither postal acknowledgement nor postal cover is received back by payee the presumption is that notice is served. (Central Bank of India vs. Saxena Pharma, AIR 1999 SC 3607.) Section 3(35) General Clauses Act 1897 : Month shall mean a month reckoned according to the British Calender ( Ramesh Chander Versus State of Gujarat 2014(11) SCC 759.) Section 27 of General Clauses Act- meaning of service by post- where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression serve or either of the expression give or sent or any other expression is used then unless a different intention appears, the services shall be deemed to be effected by properly addressing, pre-paying and posting by registered post a letter containing the document and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post. Order V Rule 9(5) C.P.C.: 30 days time ordinarily must be held to be sufficient for service of notice through registered post Suboodh S. Salaskar Vs. Jayprakash M. Shah, 2008(3) RCR (Criminal) 875 (SC);- presumption can also be raised under section 114 of Indian Evidence Act Speed post ordinarily the service takes place within a few days. Vinay Patni Versus State of U.P. 2013(1) CCC 682; One week's time considered as ordinary time to receive letter in ICICI Bank Ltd. Versus Praful Chandra 2007(4) RCR(Civil) Delhi 203; Presumption of due service - Som Nath Versus State of Punjab and another 2008(1) RCR(Criminal) 273 (P&H).- when notice is sent through registered post presumption of due service can be raised in following cases - (a) unclaimed (b) Refused (c) Not available in house (d) House locked (e) Shop closed (f) Addressee not in station Notice sent through courier- No presumption of service-Deepak Kumar and another Versus State of U.P. and another 2007(2) RCR(Civil) 259 Allahabad.