KHC
June 11, 2025 at 12:01 PM
✅ NI Act - Once the complainant proves they sent a legal notice to the accused after the cheque was dishonoured, the burden shifts to the accused to prove with convincing evidence that the address used in the notice was incorrect if they dispute it ✅ NI Act - When a notice is returned with endorsement 'addressee absent', 'intimation served', 'unclaimed', it evidences deliberate non-acceptance of notice by the accused – Accused can rebut the correctness of the endorsement made by the postman by adducing evidence to the contrary ✅ NI Act - Presumption under S.139 entails an obligation on the Court to presume that the cheque in question was issued by the drawer or accused in discharge of a debt or liability *2025 KHC OnLine 598*
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