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Kunal Garg   22 March 2016

is there any SC Judgment against CC Alavi case Judgment?

In CC Alavi case it was Held by Hon'ble Apex Court that Any drawer who claims that he did not receive the notice sent by post, can, within 15 days of receipt of summons from the court in respect of the complaint under Section 138 of the Act, make payment of the cheque amount and submit to the Court that he had made payment within 15 days of receipt of summons (by receiving a copy of complaint with the summons) and, therefore, the complaint is liable to be rejected. A person who does not pay within 15 days of receipt of the summons from the Court along with the copy of the complaint under Section 138 of the Act, cannot obviously contend that there was no proper service of notice as required under Section 138, by ignoring statutory presumption to the contrary under Section 27 of the G.C. Act and Section 114 of the Evidence Act. This is Judgment dated 18 May, 2007 is there any recent Judgment of Hon'ble SC which deals with this same matter? i.e. No Communication of Notice to the Accused.


 1 Replies

Adv. Yogen Kakade (+ 91 9225510883)     23 March 2016

Citations are not provided here.. search by yourself.. you will find so many.

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