https://www.taxtmi.com/caselaws?id=756884 The HC set aside the appellate court's judgment in a dishonour of cheque case under section 138 of the N.I. Act. The court held that legal notice issued on 19.12.2007 with complaint filed on 18.01.2008 was within the one-month limitation period. The court applied presumptions under section 114 of Evidence Act and section 27 of General Clauses Act regarding deemed service of notice within reasonable time. The complainant was not required to prove actual service before case institution. The case was remitted to the appellate court for fresh hearing after proper opportunity to both parties. en-us Fri, 02 Aug 2024 00:00:00 +0530 Mon, 12 Aug 2024 08:23:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756884 The HC set aside the appellate court's judgment in a dishonour of cheque case under section 138 of the N.I. Act. The court held that legal notice issued on 19.12.2007 with complaint filed on 18.01.2008 was within the one-month limitation period. The court applied presumptions under section 114 of Evidence Act and section 27 of General Clauses Act regarding deemed service of notice within reasonable time. The complainant was not required to prove actual service before case institution. The case was remitted to the appellate court for fresh hearing after proper opportunity to both parties. Case-Laws Indian Laws Fri, 02 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756884