Roop Lal Sahu vs Vijay Kumar Trivedi
2025 Latest Caselaw 1386 Chatt

Chattisgarh High Court

Roop Lal Sahu vs Vijay Kumar Trivedi on 23 January, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR

                           ACQA No. 801 of 2024

             ROOP LAL SAHU versus VIJAY KUMAR TRIVEDI
                                       Order Sheet




23/01/2025           Mr. Surfaraj Khan and Mr. Ayush Lall counsel for the
              appellant.
                     Mr. C.J.K. Rao, counsel for the respondent.

Learned counsel for the appellant would submit that the notice was issued to the respondent on the address mentioned as Vijay Kumar Trivedi s/o. Shri Narayan Prasad Trivedi, aged about 35 years, r/o. Kotara Road, Raigarh, Rajiv Nagar, Gali No.3, Ward No.1, Teshil and District Raigarh (CG). The said notice was returned back unserved after information of five days as no one has accepted. Learned appellate Court has set aside the order of Judicial Magistrate First Class on the count that no proper notice has been served. He would further submit that the notice was duly served on the address given in the bond papers furnished by the respondent before the learned trial Court and he has mentioned the same address before this Court also, therefore, presumption should have been drawn that the respondent has wailfully not accepted the notice. To

substantiate his submission he has referred to the judgment of Hon'ble Supreme Court in the case of K. Bhaskaran vs. Sankaran Vaidhyan Balan, reported in (1999) 7 SCC 510 whereas as per Section 27 of the General Clause Act, notice sent to correct address by the 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. This issue has also come for consideration before the Hon'ble Supreme Court in the case of Ajit Seeds Ltd vs. Gopala Krishnaiah, reported in 2014 (12) SCC 685.

On the above factual matrix, learned counsel for the respondent prays for time to go through the record RAVVA SATYANARAYANA RAJU and argue the matter.

List this case on 6-2-2025.

Sd/-

RAJU                                                     (Narendra Kumar Vyas)



                                                                 Judge

Raju