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2023 (11) TMI 141 - HC - Indian LawsDishonour of Cheque - no evidence given to demonstrate that notice was served on a particular date - it was nowhere written in the complaint as to when the notice was served on the accused - HELD THAT:- The date of the receipt of notice is very much important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - In judgment of Deepak Kumar and Another [2006 (9) TMI 617 - ALLAHABAD HIGH COURT], this High Court observed that in case dates are not revealed in the complaint, the same can be inferred from the paper on record. In this case the complainant, in his complaint, clearly stated that the notice was sent through a registered post on 19.11.2019 and that it was never returned to the complainant. In view of the above statement in the complaint and in view of the papers produced viz, the cheque, the Bank memo, demand notice, the disclosure of material dates like, date of dishonour, date of sending the notice, the date on which 15 days elapsed, the date of the filing of the complaint clearly and explicitly mentioned in para no. 12 of the complaint, there remains no doubt that the petition is wholly without merit. It may specifically be noted that para no. 12 of the complaint discloses a date of service of notice as well, a fact which has been conveniently ignored by the accused petitioner all the while - an attempt to stall the proceedings has been made on the basis of non-existent ground. There are no infirmity, illegality or irregularity in the summoning order dated 10.12.2020 as well as the order dated 20.01.2023 - petition dismissed.
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