https://www.taxtmi.com/caselaws?id=302834 A prosecution under Section 138 of the Negotiable Instruments Act can proceed only if the complaint shows due service of the statutory demand notice and expiry of the prescribed 15 days before cause of action arises. Although notice was sent by registered post to the correct address, the complaint did not plead when it was received back, whether service was actually effected, or how the 15-day period was computed. In the absence of these foundational averments, compliance with the mandatory precondition could not be presumed. The complaint was therefore not maintainable and the connected proceedings were liable to be quashed. en-us Tue, 21 Jan 2020 00:00:00 +0530 Mon, 20 Jun 2022 21:16:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302834 A prosecution under Section 138 of the Negotiable Instruments Act can proceed only if the complaint shows due service of the statutory demand notice and expiry of the prescribed 15 days before cause of action arises. Although notice was sent by registered post to the correct address, the complaint did not plead when it was received back, whether service was actually effected, or how the 15-day period was computed. In the absence of these foundational averments, compliance with the mandatory precondition could not be presumed. The complaint was therefore not maintainable and the connected proceedings were liable to be quashed. Case-Laws Indian Laws Tue, 21 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302834