https://www.taxtmi.com/caselaws?id=450393 HC dismissed the criminal revision petition challenging cognizance under Section 138 of the Negotiable Instruments Act. The petitioner argued that complainant failed to prove service of demand notice without producing postal track report or acknowledgement. HC held that complainant issued notice to correct address with no returned envelope, creating presumption of proper service per SC precedent. Requirements under Section 138 were fulfilled, and onus to prove service lies on complainant during trial. No illegality found in Magistrate taking cognizance and issuing summons. en-us Tue, 27 Feb 2024 00:00:00 +0530 Tue, 05 Mar 2024 08:54:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450393 HC dismissed the criminal revision petition challenging cognizance under Section 138 of the Negotiable Instruments Act. The petitioner argued that complainant failed to prove service of demand notice without producing postal track report or acknowledgement. HC held that complainant issued notice to correct address with no returned envelope, creating presumption of proper service per SC precedent. Requirements under Section 138 were fulfilled, and onus to prove service lies on complainant during trial. No illegality found in Magistrate taking cognizance and issuing summons. Case-Laws Indian Laws Tue, 27 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450393