Showing : 1-10 of 47 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Endorsement of `Refusal'- Postal peon is not required to be examined - Notice is deemed to be served when it is sent by registered post at the correct address - In that event burden shifts on accused to show that it was not really refused by the addressee and the..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back with postal endorsement `Not claimed' - Endorsement `Not claimed' neither signed by postman nor by post master - No mention in complaint about the date on which statutory notice was served or at least deemed to have been served - Intimation to collect..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back with postal endorsement `Unclaimed' - Second notice served at the same address - Complaint cannot be quashed on the ground that there is presumption of service of first notice and complaint is not filed within time - There is no rule of universal..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused summoned - Complaint sought to be quashed on the ground of non mention of date of service of notice in the complaint - It was mentioned in complaint that notice was served by registered post on correct address which was not received back - There is presumption of..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27-- Dishonour of cheque - Notice sent on correct address - It is deemed to have been served on sendee unless he proves that it was not really served and that he was not responsible for non service...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Quashing of complaint sought on ground of jurisdictional error - Petitioner resident of Jaipur and does not have either a residence or place of work in Delhi - Cheque in question was drawn on back in Jaipur and was dishonoured by that bank at Jaipur - Notice of demand was not..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued and duly served - No action taken on non payment - Notice issued for the second time - Complaint filed on the basis of second notice - Cause of action to file complaint on non-payment despite issue of notice, arises once - Another cause of action would not arise..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount paid before filing of complaint - Plea that payment not made within the stipulated period in notice - Legal liability ceased to exist - No useful purpose would be served in allowing the compliant to proceed any further - Complaint quashed...........

Showing : 1-10 of 47 Results