Showing : 1-10 of 35 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Ingredients are: (i) that a person shall drew a cheque on account maintained by him with banker; (ii) that such cheque when presented to bank is returned by bank unpaid; (iii) that such cheque was presented to bank within a period of 6 months from date it was drawn or within..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent after 50 days of receipt of information from bank - Notice is much beyond the prescribed period of 30 days - Trial Court rightly dismissed the complaint by observing that notice has not been served in accordance with provisions of S.138 of the Act...........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheques - Sentence - Eighteen complaints relatable to one single transaction giving rise to one cause of action - Substantive sentence is to be concurrently rather than independent/consecutive sentence in each complaint cases, which is not so in case of sentence awarded in default of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence - Offence by company - 18 complaints were filed for dishonour of 18 cheques and accused convicted for S.I. of 1 year and to pay fine of Rs.5 lakh in each case and to undergo 6 months S.I. in case of no, payment - As per evidence on record accused No.2..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compromise - Accused convicted and sentenced to undergo simple imprisonment for 6 months along with fine of Rs.500/- and in default to further undergo imprisonment for 30 days - Matter compromised between parties - Sentence of accused reduced to period already undergone by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Limitation - Delay in filing complaint - Legal notice must be issued by complainant to accused within a period of 30 days of receipt of information by him from bank regarding return of cheque - In case, drawer of cheque fails to make payment of amount of cheque in dispute,..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 470-- Dishonour of cheque - Complaint represented beyond 30 days fixed by Supreme Court following decision of Supreme Court in Dashrath Rupsingh Rathod's case - Condonation of delay - Position as clarified in the N.I. Amendment Ordinance 2015 (No.6 of 2015), petitioners can be permitted to present the..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - If payee or holder in due course of cheque establish despatch of notice on correct address of drawer, pursuant to dishonour of cheque and before expiry of period of 30 days, statutory requirement of demand by giving notice within statutory period stands..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Complainant having knowledge of dishonour of cheque prior to receipt of intimation from bank - Period of 30 days for sending notice has to be computed from the date of knowledge and not from the subsequent date of intimation received from bank...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Limitation of 30 days of issuance of notice - `Information' about dishonour of cheque received when complainant visited the bank - Pleading to this effect in complaint - Memo of dishonour received after seven days - Held, period of 30 days for issuance of notice..........

Showing : 1-10 of 35 Results