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Results of 138 of n i act notice

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Showing : 181-190 of 1062 Results

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the purchase of..........

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...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Once service of notice is duly established upon respondent/accused and respondent/accused admittedly not complied with notice, it will necessarily follow that complainant/appellant has fulfilled all requisite conditions for constituting offence punishable u/s 138 of..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - Held, it is no complaint in the eye of law - Cognizance of offence cannot be taken on the basis of such complaint - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Unilateral act of presentation of cheque anywhere in country or issue of a notice of dishonour from a place chosen by complainant does not by itself confer jurisdiction upon Court from within whose jurisdiction such presentation is made or notice issued - Complaints rightly returned for..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Issuance of notice from Delhi or deposit of cheque in a Delhi bank by the payee or receipt of notice by accused demanding payment in Delhi does not confer jurisdiction upon Courts in Delhi - Jurisdiction lies with Court at place where drawee bank who dishonoured the cheque is situated...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Unilateral act of presentation of cheque anywhere in country or issue of a notice of dishonour from a place chosen by complainant does not by itself confer jurisdiction upon Court from within whose jurisdiction such presentation is made or notice issued...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at place from where notice was issued and response thereto was dispatched and received has no jurisdiction - Issuance of notice has no relevance to the question of criminal territorial jurisdiction - Jurisdiction is with the Court at place where drawee bank is situated and cheque..........

Showing : 181-190 of 1062 Results