https://www.taxtmi.com/caselaws?id=296360 Service of notice under the proviso to Section 138 of the Negotiable Instruments Act is examined as a mandatory requirement, but the text notes that non-service alone may not defeat prosecution where service is evaded or falsely avoided. It also highlights the presumption from official acts under Section 114 of the Evidence Act, which is rebuttable and may require proper averments in the complaint to be displaced at the threshold. Because the interaction between these principles was not fully resolved, the matter was referred for consideration by a larger Bench, and no final determination on merits was made. en-us Wed, 14 Feb 2007 00:00:00 +0530 Fri, 16 Jul 2021 13:18:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296360 Service of notice under the proviso to Section 138 of the Negotiable Instruments Act is examined as a mandatory requirement, but the text notes that non-service alone may not defeat prosecution where service is evaded or falsely avoided. It also highlights the presumption from official acts under Section 114 of the Evidence Act, which is rebuttable and may require proper averments in the complaint to be displaced at the threshold. Because the interaction between these principles was not fully resolved, the matter was referred for consideration by a larger Bench, and no final determination on merits was made. Case-Laws Indian Laws Wed, 14 Feb 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296360