In a High Court case, the issue was the dishonour of a cheque ...

Court ruled notice of dishonoured cheque served, essential conditions met for proceeding. No illegality found. Onus to prove claim at trial.

June 26, 2024

Case Laws Indian Laws HC

In a High Court case, the issue was the dishonour of a cheque and the service of notice. The court considered whether the failure to produce evidence of serving the notice fulfilled an essential condition for taking cognizance u/s 138 of the Negotiable Instruments Act. The complainant sent a demand notice in accordance with the Act, but the accused failed to pay. The court found the requirements u/s 138 were met. The trial court presumed service of the notice, with the onus on the claimant to prove the case during trial. The High Court found no illegality in the magistrate taking cognizance and issuing a summons to the accused. The application was dismissed.

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In a High Court case, the issue was the dishonour of a cheque ...

Court ruled notice of dishonoured cheque served, essential conditions met for proceeding. No illegality found. Onus to prove claim at trial.

June 26, 2024

Case Laws Indian Laws HC

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