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    <title>2010 (2) TMI 1318 - MADHYA PRADESH HIGH COURT</title>
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    <description>Where notice after cheque dishonour could not be served because the drawer was not found at the address, the payee was not defeated in a prosecution under Section 138 of the Negotiable Instruments Act. The cause of action arose only after valid service of the third notice and expiry of the statutory fifteen-day period without payment; a complaint filed within thirty days thereafter was within limitation. The concurrent finding that the third notice was duly served was a finding of fact, and the revisional court was not justified in disturbing it. The complaint was therefore not time-barred and the statutory requirements of Section 138 were satisfied.</description>
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    <pubDate>Thu, 11 Feb 2010 00:00:00 +0530</pubDate>
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      <title>2010 (2) TMI 1318 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=305303</link>
      <description>Where notice after cheque dishonour could not be served because the drawer was not found at the address, the payee was not defeated in a prosecution under Section 138 of the Negotiable Instruments Act. The cause of action arose only after valid service of the third notice and expiry of the statutory fifteen-day period without payment; a complaint filed within thirty days thereafter was within limitation. The concurrent finding that the third notice was duly served was a finding of fact, and the revisional court was not justified in disturbing it. The complaint was therefore not time-barred and the statutory requirements of Section 138 were satisfied.</description>
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