https://www.taxtmi.com/caselaws?id=441025 Service of a statutory notice for cheque dishonour is satisfied where it is correctly addressed and posted to the drawer's shared residence, with receipt by the drawer's spouse supporting the presumption of service under the General Clauses Act. Admission of the cheque signature and proof of dishonour activate the presumptions of consideration and legally enforceable liability under the Negotiable Instruments Act. The accused must rebut those presumptions through a probable defence on a preponderance of probabilities; absence of documentary proof of the complainant's funds alone does not do so. The cheque dishonour prosecution succeeded and the acquittal was set aside. en-us Tue, 25 Jul 2023 00:00:00 +0530 Tue, 01 Aug 2023 09:01:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441025 Service of a statutory notice for cheque dishonour is satisfied where it is correctly addressed and posted to the drawer's shared residence, with receipt by the drawer's spouse supporting the presumption of service under the General Clauses Act. Admission of the cheque signature and proof of dishonour activate the presumptions of consideration and legally enforceable liability under the Negotiable Instruments Act. The accused must rebut those presumptions through a probable defence on a preponderance of probabilities; absence of documentary proof of the complainant's funds alone does not do so. The cheque dishonour prosecution succeeded and the acquittal was set aside. Case-Laws Indian Laws Tue, 25 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441025