JYOTSNA SHARMA
Top Filling Point Proprietor Rakesh Agrawal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Sanajy Singh, learned counsel for the petitioner, Sri Mahendra Pratap Singh, learned counsel for respondent no. 2 and learned AGA for the State.
2. This petition under Article 227 of the Constitution has been filed with a prayer to set aside the order dated 19.07.2022, whereby the petitioner was summoned under section 138 of the Negotiable Instruments Act, 1881 in complaint case no. 80 of 2019 and the order dated 01.06.2023 passed by the revisional court in Criminal Revision No. 305 of 2022, by which the summoning order was affirmed.
3. The relevant facts are as below:-
Deepak Kumar and Another vs. State of U.P. and Another
Ajeet Seeds Limited vs. K. Gopala Krishnaiah
Jagdish Singh Vs. Natthu Singh
The court established that the date of receipt of notice is important, but it is not necessary for a particular date to be mentioned in the complaint itself. It also emphasized the presumptions under....
The main legal point established is the presumption of service of notice when sent through registered post, as provided under section 27 of the General Clauses Act.
The main legal point established in the judgment is that the factum of disputed service of notice requires adjudication on the basis of evidence and can only be done and appreciated by the trial cour....
The main legal point established in the judgment is the presumption of service under Section 27 of the General Clause Act and Section 114 of the Evidence Act in cases of service of notice under the N....
(1) Dishonour of cheque – Notice sent through courier service is valid service under Section 138 of N.I. Act – However, presumption of delivery of service of notice under Section 27 of General Clause....
The court established that a conditional cheque can lead to liability under Section 138 N.I. Act, and that service of notice via courier and WhatsApp is valid, expanding the interpretation of service....
For a conviction under Section 138, the complainant must prove both enforceable debt and properly served demand notice; failure to do so leads to acquittal.
The burden of proof lies on the complainant to establish intentional avoidance of claiming the registered notice by the accused, and positive evidence is required to raise the presumption of valid se....
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
The correct service of statutory notice of demand, including sending it to the correct address of the drawer of the cheque, is essential for establishing the pre-condition for filing a complaint unde....
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