dishonour of cheque

manish (Querist) 27 March 2010 This query is : Resolved
tHE DRAWER OF CHEQUE HAS BEEN PROSECUTED FOR O/S 138 OF NI ACT.
Admitedly the notice was received by the wife of drawer/accussed and raising the presumption the court issued process against accussed.

Please cite me caselaw of SC

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B K Raghavendra Rao (Expert) 27 March 2010
If the notice has been received by the wife, it is her bounded duty to inform the husband about the notice. However, notice is for the purposes of accused to appear before the magistrate for trial. When the accused has appeared before the magistrate, the purpose of the notice is served. It cannot be agitated again that the notice has not been issued to the Accused and the same cannot vitiate the trial proceedings. No case law is required for this Accused has to comply the judgement/order.

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