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2022 (6) TMI 817 - HC - Indian LawsDishonor of Cheque - valid service of demand notice or not - rebuttal of presumption under Section 27 of General Clauses Act read with Section 139 of N.I. Act - HELD THAT:- It may be observed that the summoning order passed by the court of Additional Chief Judicial Magistrate, Court No. 1, Meerut was quashed by the learned Sessions Judge, Meerut merely on the ground that in the complaint it has not been mentioned as to on which date the notice was served upon opposite party no. 2/drawer of the cheque and that in the absence of any such date of service of demand notice, the presumption under Section 27 of the General Clauses Act stands rebutted and thus, the mandatory conditions for institution of complaint under Section 138 of N.I. Act are not fulfilled. In view of law laid down in case of Ajeet Seeds [2014 (8) TMI 464 - SUPREME COURT] and C.C. Alavi Haji [2007 (5) TMI 335 - SUPREME COURT], it shall be deemed that notice has been served upon the drawer/opposite party no. 2 on 02.09.2015. The complainant was not required to aver in the complaint that in spite of return of notice unserved, it is deemed to have been served. In view of these facts and circumstances of the case and above-stated position of law, it appears that the learned Sessions Judge did not consider the matter in correct perspective and committed error by setting aside the summoning order. The impugned order dated 03.11.2020, passed by the learned Sessions Judge, Meerut is set aside and the summoning order passed by the court of Additional Chief Judicial Magistrate, Court no. 1, Meerut stand restored - Application allowed.
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