The Supreme Court has recently held that the proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed on the ground that the demand notice not duly served within the statutory period.
The Court has reiterated that the service of notice to the accused under Section 138 of the Negotiable Instruments Act is a triable issue and cannot be proceeded as an indisputable position in a petition filed under Section 482 CrPC by the accused.
In this case, the High Court allowed the quashing petition filed by the accused under Section 482 of Cr.P.C. on the grounds that the legal notice has not been served on the accused within the statutory period and that the remark noted on the cheque return memo. The High Court had further held that the provisions contained in the service of notice are not superseded in the General Clause Act and, therefore, Section 27 of the General Clause has not been applicable in the present case.
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