Supreme Court · 2006 INSC 364 · Decided 25 May 2006
D. Vinod Shivappa v. Nanda Belliappa
- Court
- Supreme Court of India
- Citation
- 2006 INSC 364 · [2006] SUPP. 2 S.C.R. 1008
- Case number
- CRIMINAL APPEAL No. 1255/2004
- Decided
- 25 May 2006
- Bench
- B.P. SINGH, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138
Headnote
Negotiable Instruments Act, J 88J-Section J 38-Dishonour of cheque-­ Legal Notice by post-Refused due to non-availability of addressee-­ Whether can be presumed to be service-Held: The presumption of service of notice in such cases depends on facts of each case-The question whether there a false endorsement, is a question of fact and must be considered in the light of the evidence-If in such cases it is understood that there has been no service, it would defeat the purpose of the Act. Code of Criminal Procedure, J973-S. 482-Jurisdiction under­ Scope of-Dishonour of
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