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Shrikant Pandey vs State Of Chhattisgarh 55 Crmp/58/2018 ... on 16 January, 2018

28. The complainant was examined on the document. He was evasive to answer whether Mr. Ramanuj Mishra was his brother-in-law. In the first instance, he outrightly denied the fact. Later, when a court question was put to him, he stated that 'he was not sure'. It is beyond reasonable comprehension as to how the complainant can plead not knowing his brother-in-law. It appears that the complainant was being evasive in Digitally signed by ANJALI ANJALI SINGH CT CASES 43859/2016 SHRIKANT PANDEY V. SHANTI DEVI SINGH Date:
Chattisgarh High Court Cites 0 - Cited by 1 - Full Document

C.C. Alavi Haji vs Palapetty Muhammed & Anr on 18 May, 2007

20. A perusal of the record reveals that the legal demand notice was sent to the accused on 12.02.2015. The tracking report on record does not showcase if the notice was duly delivered. The accused at the stage of framing of notice denied receiving the legal demand notice. However, at the stage of SA under Section 313 Cr.P.C, she admitted the correctness of the address to which the legal demand notice was addressed to. 20.1 In terms of the judgment of the Hon'ble SC in CC Alavi Haji v. Palapetty Md.7, once it is proved that the legal demand notice was duly sent by registered post on the last known correct address of the accused, the presumption under Section 27 General Clauses Act comes into play and then the onus shifts on the accused to prove that s/he did not receive the legal demand notice. However, barring a bare denial, the accused has not brought on record any evidence to support his assertion about non-receipt of the legal demand notice. 20.2 Further, it is settled law that an accused who claims that s/he did not receive the legal demand notice, can, within 15 days of receipt of summons from the 6 Inchoate Stamped Instruments, Section 20 of the Negotiable Instruments Act, 1881 7 AIR 2007 SC (SUPP) 1705 Digitally signed by ANJALI ANJALI SINGH SINGH Date:
Supreme Court of India Cites 14 - Cited by 4985 - D K Jain - Full Document
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