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The drawer says he never received our notice. The AD card came back unsigned. Where does that leave the complaint?

Service is a question of fact, and the burden of proving it sits on the payee. An unsigned acknowledgement card weakens the proof but does not by itself defeat the complaint.

Lead the postal receipt, the tracking record and evidence that the address used is the one the drawer himself uses in correspondence — a bank mandate, an invoice, a prior letter.

A denial of receipt is a defence to be tested in evidence, not a preliminary bar. Expect it to be raised at the framing stage and be ready to meet it there.

Sources

NI Act 1881, s.138(1)(b)Evidence Act 1872, s.114General Clauses Act 1897, s.27

Verify against the current text and the latest reported position before you argue this.

Draft the reply paragraph for the written objection, in English.

That the contention of non-receipt is denied. The statutory notice dated 14.07.2026 was despatched by registered post with acknowledgement due to the address appearing in the accused's own bank mandate, a copy whereof is annexed hereto and marked “A”.

That in the premises the presumption of due service arises and has not been rebutted by any material whatsoever.

Sources

Draft — verify before filing

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