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The HC held that in the demand notice, if the cheque amount and other claimed amounts are mentioned separately, it is a valid notice u/s 138(b) of the NI Act. Non-production of bank statements or IT returns by the complainant does not vitiate the complaint itself. The accused did not deny his signature on the dishonored cheque, fulfilling ingredients u/ss 118 and 139 of the NI Act. The presumption that the cheque was issued for consideration shifts the burden on the accused to rebut it, which he failed. The appeal was allowed.
The HC held that in the demand notice, if the cheque amount and other claimed amounts are mentioned separately, it is a valid notice u/s 138(b) of the NI Act. Non-production of bank statements or IT returns by the complainant does not vitiate the complaint itself. The accused did not deny his signature on the dishonored cheque, fulfilling ingredients u/ss 118 and 139 of the NI Act. The presumption that the cheque was issued for consideration shifts the burden on the accused to rebut it, which he failed. The appeal was allowed.
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