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Sec.138 – cheque bounce case – General Clauses Act sec.27 – Evidence Act Sec.114 – Presumption of service of notice when the address is found correct when the cover / acknowledgement not returned – on receiving of summons, the accused paid the amount – objection for quashing the cheque bounce case as the offence was committed in earlier point of time – payment made later never cured – High court held that the statutory presumption is no more available in view of the Judgment of Apex court held in C.C.ALAVI HAJI it was observed that if the petitioner/drawer claims that he did not receive the notice sent by the drawee by post, if the drawer pays the money covered by the cheque within 15 days from the date of receipt of summons in the case, it would be tantamount to complying with the payment of cheque and that the cause of action for the offence under Section 138 of the N.I. Act would no more survive. and high court held that when the accused claimed that no notice was served on him and his payment after receiving summons is nothing but compliance of condition made in sec.138 of N.I. Act – remaining the case pending despite of compliance is not maintainable and as such the case is liable to be quashed = Criminal Petition No.740 of 2014 05-8-2014 B.Ram Mohan Reddy Petitioner/Accused C.V.Subba Rao and another Respondents/Complainant = 2014 – Aug. Month- http://judis.nic.in/judis_andhra/filename=11803

Sec.138 – cheque bounce case – General Clauses Act sec.27 – Evidence Act Sec.114 – Presumption of service of notice when the address is found correct when the cover / acknowledgement not returned – on receiving of summons,  the accused paid the amount – objection for quashing the cheque bounce case as the offence was committed … Continue reading

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