https://www.taxtmi.com/caselaws?id=407967 A complaint under Section 138 of the Negotiable Instruments Act was found maintainable where the dishonoured cheques, bank memos, statutory notice and proof of service showed presentation within time, dishonour for insufficiency of funds, and non-payment after notice; a civil element in the transaction did not bar prosecution, and the summoning order was sustained. Omission to expressly discuss preliminary statements recorded under Section 200 CrPC did not vitiate issuance of process because the complaint was supported by documentary material and no failure of justice was shown. The demand notice remained valid because it distinctly claimed the cheque liability even though it also included a separate ancillary demand. en-us Mon, 17 May 2021 00:00:00 +0530 Thu, 27 May 2021 10:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=407967 A complaint under Section 138 of the Negotiable Instruments Act was found maintainable where the dishonoured cheques, bank memos, statutory notice and proof of service showed presentation within time, dishonour for insufficiency of funds, and non-payment after notice; a civil element in the transaction did not bar prosecution, and the summoning order was sustained. Omission to expressly discuss preliminary statements recorded under Section 200 CrPC did not vitiate issuance of process because the complaint was supported by documentary material and no failure of justice was shown. The demand notice remained valid because it distinctly claimed the cheque liability even though it also included a separate ancillary demand. Case-Laws Indian Laws Mon, 17 May 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=407967