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2020 (1) TMI 934 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - original postal receipt along with the written envelope misplaced - HELD THAT:- The Court should be liberal at the time of granting the permission of adducing the secondary evidence. If it is found that the refusal of aforesaid permission would collapse the entire case of the complainant, then the Court should permit the production of secondary evidence - In the present case, the complainant has filed the complaint under section 138 of the Negotiable Instruments Act. It is mandatory requirement for the aforesaid offence that after receiving the information of dishonour of cheque, notice should be given to the accused for demanding the money. If the accused did not pay the aforesaid money within 15 days from the date of receiving the notice, the complainant may file the complaint. If the postal receipt is proved, then it may be presumed that the notice has been served subject to condition that the service report has not been received within 30 days from the sending of the aforesaid article. Therefore, postal receipt is necessary to prove the sending of notice to the accused. It is also appeared from the record that the accused did not pay any amount to the complainant even after filing the complaint and after receiving the notice of complaint. Therefore, proof of refusal of notice is a mere formality. In view of this Court the revisional Court did not commit any mistake by granting the permission to adduce the secondary evidence of postal receipt and the envelope. Both documents are the important documents and may help the complainant to prove his case. Opportunity of disproving is also available with the petitioners and the right of petitioners has already been protected by the revisional Court - impugned order upheld - petition dismissed.
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