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Results of 138 of n i act notice

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Showing : 91-100 of 1059 Results

BOMBAY HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If there is no contention in complaint that statutory notice was sent to accused, Court can refuse to take cognizance of matter...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque - Presumption u/s 139 of the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Notice - Non issuance of notice to partnership firm - Legal notice issued to two partners of the firm who are drawers of cheque - There is thus sufficient compliance as to issuance of legal notice...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 94 -- Dishonour of cheque - Demand notice - Non signing by complainant or Advocate - Not fatal - As per S.94 of the Act, as there is no requirement that notice should be signed by party or Advocate - What is required u/s 94 Cr.P.C. is to prove the mode in which notice may be given and notice may be oral or written and if..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Presumption of service of notice - Copy of notice and postal receipt placed on record - Nothing on record that address of accused is wrong or that notice was sent back undelivered - Accused could have summoned record from Post Office to show that notice in fact..........

KERALA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned unserved/unclaimed - Date of service of notice - It is the date when complainant received the returned notice or was so informed by the postal authority and not the date when postman made endorsement that addressee refused or returned the postal article unclaimed...........

KERALA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed without waiting for expiry of 15 days from date of due receipt of notice - Complaint thus, filed before date of occurrence of cause of action - Such a premature complaint is not maintainable...........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........

Showing : 91-100 of 1059 Results