Question
Q: Can petitioner serve notice by RPAD?
Answer
A:
Yes, a petitioner can serve a cheque bounce legal notice through Registered Post Acknowledgement Due (RPAD). In fact, this is one of the most widely accepted and reliable modes of service under Indian law for notices issued under Section 138 of the Negotiable Instruments Act, 1881.
Why RPAD is Used for Cheque Bounce Notices
RPAD provides official proof that the notice was sent and delivered.
The acknowledgment card signed by the recipient acts as evidence in court.
Even if the drawer refuses to accept the notice, the postal endorsement of refusal is treated as valid service.
Courts across India have consistently upheld that dispatch of notice by RPAD satisfies the requirement under Section 138 NI Act.
Other Valid Modes of Serving Notice
Apart from RPAD, notice can also be sent through speed post, courier service with tracking, or even electronically (email, WhatsApp) in some cases, provided proof of delivery is available. However, RPAD is considered the safest and most legally recognized method.
Key Takeaway
Yes, the petitioner can serve notice by RPAD. It is not only legally valid but also the most secure way to establish proof of service in cheque bounce cases under Section 138 NI Act.
.By Advocate BK Singh
(Delhi High Court)
