https://www.taxtmi.com/caselaws?id=405269 A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after service or deemed service of the demand notice and expiry of 15 days without payment. The record did not prove the actual date of service, and the presumption of service drawn merely from dispatch to the accused's district was held unsustainable. As the complaint was instituted before the statutory waiting period had elapsed, it was premature and not legally maintainable. The conviction and sentence therefore could not stand, and the impugned judgments were set aside. en-us Thu, 28 Jan 2021 00:00:00 +0530 Tue, 16 Mar 2021 08:46:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=405269 A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after service or deemed service of the demand notice and expiry of 15 days without payment. The record did not prove the actual date of service, and the presumption of service drawn merely from dispatch to the accused's district was held unsustainable. As the complaint was instituted before the statutory waiting period had elapsed, it was premature and not legally maintainable. The conviction and sentence therefore could not stand, and the impugned judgments were set aside. Case-Laws Indian Laws Thu, 28 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=405269