hello experts, i got a case of N.I.act . The facts of the case are my client obtained a loan from a finance company and at the time of obtaining loan my client signed agreement, issued several cheques by signing, without mention of dates, unfilled column of two lines of cheque leaf, subsequently my client committed defaulted in payment and the finance company issued notice u/s 138(b) of N.I.ACT and the report of legal notice says that "party left return to sender" in the criminal complaint the complainant has categorically mentioned notice has not been served upon accused and thereafter my client received summons on his business address and after receipt of the summons he appeared the hon'ble court, my questions are.
1)When there is no proof of service of legal notice to the accused whether the criminal complaint is maintainable ? pl let me now the citations where complaint is not maintainable.
2)When the cheques are issued at the time of obtaining loan does it amount to legal enforceable debt?
3)when the complainant/finance company filled the dates and column lines with their rubber stamp of the company without the consent of the accused, does the complaint maintainable, ? ple provide authorities where complaint is not maintainable?
its urgent the state is coming up for complainant evidence.
