https://www.taxtmi.com/caselaws?id=408579 In a prosecution under Section 138 of the Negotiable Instruments Act, service of a demand notice sent by registered post to the correct address may be presumed under Section 27 of the General Clauses Act and Section 114 of the Evidence Act, so the complaint need not plead the exact date of service as a condition for summoning. Disputed service and rebuttal of the presumption are matters for trial, not quashing. A later reminder notice does not displace the cause of action arising from the first statutory notice and does not make the complaint non-maintainable. The quashing challenge was rejected and the complaint was permitted to proceed. en-us Mon, 07 Jun 2021 00:00:00 +0530 Tue, 15 Jun 2021 07:51:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408579 In a prosecution under Section 138 of the Negotiable Instruments Act, service of a demand notice sent by registered post to the correct address may be presumed under Section 27 of the General Clauses Act and Section 114 of the Evidence Act, so the complaint need not plead the exact date of service as a condition for summoning. Disputed service and rebuttal of the presumption are matters for trial, not quashing. A later reminder notice does not displace the cause of action arising from the first statutory notice and does not make the complaint non-maintainable. The quashing challenge was rejected and the complaint was permitted to proceed. Case-Laws Indian Laws Mon, 07 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408579