https://www.taxtmi.com/caselaws?id=387322 Proceedings under Section 138 of the Negotiable Instruments Act were not liable to be quashed because the statutory demand notice had been sent by registered post to the correct address, giving rise to a presumption of service. A bare denial of receipt, or postal endorsements suggesting the addressee was unavailable, did not displace that presumption at the threshold; rebuttal required evidence. The cheque return memo and the alleged insufficiency of dishonour grounds likewise raised factual questions requiring trial and proof. The complaint therefore disclosed a prima facie case, and interference under Section 482 of the Code of Criminal Procedure was unwarranted. en-us Fri, 04 Oct 2019 00:00:00 +0530 Fri, 08 Nov 2024 11:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=387322 Proceedings under Section 138 of the Negotiable Instruments Act were not liable to be quashed because the statutory demand notice had been sent by registered post to the correct address, giving rise to a presumption of service. A bare denial of receipt, or postal endorsements suggesting the addressee was unavailable, did not displace that presumption at the threshold; rebuttal required evidence. The cheque return memo and the alleged insufficiency of dishonour grounds likewise raised factual questions requiring trial and proof. The complaint therefore disclosed a prima facie case, and interference under Section 482 of the Code of Criminal Procedure was unwarranted. Case-Laws Indian Laws Fri, 04 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=387322