https://www.taxtmi.com/caselaws?id=302859 For cheque dishonour complaints, refiling after return by an incompetent court is not time-barred unless material establishes that refiling occurred beyond the permissible period; cognizance may also be taken after the prescribed period on sufficient cause. A summoning order may rest on prima facie satisfaction from the complaint, supporting affidavit, cheque, return memo, demand notice and postal records without separate oral evidence. Registered posting of the demand notice to the drawer's correct address raises a presumption of service, which the drawer must rebut. Failure to establish limitation or rebut service permits the criminal complaint proceedings to continue. en-us Thu, 25 May 2017 00:00:00 +0530 Tue, 21 Jun 2022 20:38:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302859 For cheque dishonour complaints, refiling after return by an incompetent court is not time-barred unless material establishes that refiling occurred beyond the permissible period; cognizance may also be taken after the prescribed period on sufficient cause. A summoning order may rest on prima facie satisfaction from the complaint, supporting affidavit, cheque, return memo, demand notice and postal records without separate oral evidence. Registered posting of the demand notice to the drawer's correct address raises a presumption of service, which the drawer must rebut. Failure to establish limitation or rebut service permits the criminal complaint proceedings to continue. Case-Laws Indian Laws Thu, 25 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302859