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2009 (5) TMI 545 - SC - Companies LawWhether the notice dated 2-1-2004 was issued within the stipulated period of thirty days from the date of receipt of intimation of the dishonour of cheque? Held that:- Appeal allowed. Indisputably, the notice was issued on the 31st day and not within a period of thirty days from the date of receipt of intimation from the bank. If section 9 of the General Clauses Act is not applicable, clause (b) of the proviso appended to section 138 of the Act was required to be complied with by the respondent for the purpose of maintaining a complaint petition against the appellant. In exercise of our jurisdiction under article 142 of the Constitution of India, direct that as the civil liability, of the appellant stands admitted, the said sum received by the respondent need not be refunded.
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