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july 2008

Supreme Court of India · 2008-07-15

M/S. INDO AUTOMOBILES vs M/S. JAI DURGA ENTERPRISES .

Citation / case number
SC 2006/18511
Court
Supreme Court of India
Petitioner
M/S. INDO AUTOMOBILES
Respondent
M/S. JAI DURGA ENTERPRISES .
Author
TARUN CHATTERJEE,AFTAB ALAM, , ,
Bench
TARUN CHATTERJEE,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing proceedings under Section 138 of the Negotiable Instruments Act, as the notice was sent to the correct address via registered post and certificate of posting. The Court emphasized that once a notice is sent to the correct address, it is presumed to be served, and the burden of proof lies on the accused to demonstrate otherwise. The Court restored the proceedings under Section 138, allowing the appeal and clarifying that postal endorsements will be considered during the trial stage.

M/S. INDO AUTOMOBILES vs M/S. JAI DURGA ENTERPRISES . · Niyam