https://www.taxtmi.com/caselaws?id=308610 The Delhi HC held that a company's complaint under the Negotiable Instruments Act was maintainable despite challenge to the complainant's authority, because the authorization defect was curable and had in any event been supported by later authority documents. Service of the statutory demand notice was proved through witness testimony, postal records, the accused's reply and part payment, and the objection of non-service was treated as an afterthought. The cheques were not shown to be mere security cheques; the presumption under Section 138 remained unrebutted for want of credible defence evidence. The revisional court was also within its power to award compensation under Section 357(4) CrPC, and the modified sentence was sustained. en-us Thu, 30 Oct 2014 00:00:00 +0530 Sat, 08 Jul 2023 07:36:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308610 The Delhi HC held that a company's complaint under the Negotiable Instruments Act was maintainable despite challenge to the complainant's authority, because the authorization defect was curable and had in any event been supported by later authority documents. Service of the statutory demand notice was proved through witness testimony, postal records, the accused's reply and part payment, and the objection of non-service was treated as an afterthought. The cheques were not shown to be mere security cheques; the presumption under Section 138 remained unrebutted for want of credible defence evidence. The revisional court was also within its power to award compensation under Section 357(4) CrPC, and the modified sentence was sustained. Case-Laws Indian Laws Thu, 30 Oct 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308610