Dishonor of Cheque - insufficiency of funds - acquittal of the accused - The proviso to Section 138 of...

Dishonor of Cheque - insufficiency of funds - acquittal of the accused - The proviso to Section 138 of the Act affords clear indication that ‘giving notice’ in the context is not the same as receipt of notice. Giving is the process of which receipt is the accomplishment. The payee has to perform the former process by sending the notice to the drawer at his correct address - this Court has no hesitation to hold that in connection with complaint case, demand notice was duly served upon the accused. - The order of acquittal passed in favour of the accused/respondent is liable to be set aside - HC .....

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