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    <title>2021 (6) TMI 298 - JAMMU &amp; KASHMIR HIGH COURT</title>
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    <description>A complaint under the cheque dishonour law was held maintainable where the demand notice had been sent by registered post and service was presumed under the General Clauses Act and the Evidence Act unless rebutted. The Court read Sections 138 and 142 of the Negotiable Instruments Act together and held that cognizance arises only after the drawer fails to pay within fifteen days of receipt of notice; on the facts, the notice was deemed served, the complaint filed after expiry of that period was not premature, and the proceedings were not liable to be quashed.</description>
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      <description>A complaint under the cheque dishonour law was held maintainable where the demand notice had been sent by registered post and service was presumed under the General Clauses Act and the Evidence Act unless rebutted. The Court read Sections 138 and 142 of the Negotiable Instruments Act together and held that cognizance arises only after the drawer fails to pay within fifteen days of receipt of notice; on the facts, the notice was deemed served, the complaint filed after expiry of that period was not premature, and the proceedings were not liable to be quashed.</description>
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