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Results of 138 of n i act notice

Showing : 261-270 of 1052 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action - Cheque dishonoured - Notice not issued - Cheque again presented and again dishonoured - Legal notice sent - Held, cause of action arose only on failure to make payment within 15 days of the receipt of notice - It cannot be said that it had arisen for second time...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of order taking cognizance - Complainant received information of dishonour of cheque on 25.08.2008 - Demand notice issued on 6.11.2008 through registered AD - Held, demand notice issued much later of 30 days period as required u/s.138(b)..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint is maintainable on the basis of dishonour of cheque for the second time or successive dishonour of cheque even when despite issuance of notice complaint was not filed on the basis of dishonour of cheque for the first time - Prosecution based upon second or successive dishonour of cheque..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Law does not prescribe any format of notice - Law mandates demand for payment by giving a notice in writing - In the instant case letter fulfilling these requirements taken as a notice...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Limitation - Non-delivery of AD - Complainant has proved that Registered Post A.D. notice was issued on 18.05.2009 - Complaint was made by complainant regarding no, delivery of acknowledgment card and it was only on 30.06.2009 that he was informed by postal authorities that notice..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when all the indicated..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(3), 177, 179 -- Dishonour of Cheque - Territorial jurisdiction to file complaint - Held, complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of the following five acts, the components of the..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A -- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 - - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial..........

Showing : 261-270 of 1052 Results