https://www.taxtmi.com/caselaws?id=423976 In a prosecution under Section 138 of the Negotiable Instruments Act, service of a demand notice sent by registered post to the correct address is presumed under Section 27 of the General Clauses Act and Section 114 of the Evidence Act. The complaint need not specifically plead that a returned notice must be deemed served. Whether service was actually effected or rebutted is a matter for evidence and is ordinarily not to be decided at the summoning stage. The revisional court was therefore not justified in setting aside the summoning order on the ground of deficient pleading about notice service. en-us Mon, 06 Jun 2022 00:00:00 +0530 Sat, 18 Jun 2022 10:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=423976 In a prosecution under Section 138 of the Negotiable Instruments Act, service of a demand notice sent by registered post to the correct address is presumed under Section 27 of the General Clauses Act and Section 114 of the Evidence Act. The complaint need not specifically plead that a returned notice must be deemed served. Whether service was actually effected or rebutted is a matter for evidence and is ordinarily not to be decided at the summoning stage. The revisional court was therefore not justified in setting aside the summoning order on the ground of deficient pleading about notice service. Case-Laws Indian Laws Mon, 06 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=423976