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SC: Proceedings Cannot be Quashed on Grounds that Notice Not Issued Within Statutory Period - (06 Sep 2019)

BANKING

Supreme Court has ruled that the proceedings under Section 138 of Negotiable Instruments Act, 1881(NI Act) cannot be quashed on the basis that the demand notice was not duly served within the statutory period. The Court has reiterated that service of notice to the accused is a triable issue and cannot be proceeded as an indisputable position in a petition filed under Section 482 of Code of Criminal Procedure, 1973.

Tags : SC   NOTICE  

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