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Results of 138 of n i act notice

Showing : 331-340 of 1053 Results

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Imposition of penalty - Accused did not surrender before Magistrate to receive verdict of trial Court - Failed to place before Court any material - Sureties did not offer any explanation when notice u/s 446 CrPC was issued - Held,..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused signed the cheque and issued it - Cheque pertains to the account maintained by accused with her banker - Complainant was able to prove that there was a loan transaction between complainant and accused in discharge of which debt the cheque in question was issued - Statutory notice..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of - Notice is not served upon accused but it was received by a family member of accused - Held, complainant has not complied with the requirement of giving notice in terms of clause (b) of the proviso to S.138 of the Act - Lower appellate Court was justified in acquitting..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he take any action to get back..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through registered post on correct address - Return of notice - Held, it is sufficient compliance of proviso to S.138 of the Act...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Question as to whether notice was not served due to change of address or that accused subsequently prepared the drafts for payment were for the same very amount of dishonoured cheque and not for any other..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Fact that a promissory note was executed, elicited in cross examination by defence - Fact that no reply to the notice was sent looms large and goes a long way against the plea of accused - It is not necessary that a suit should be filed based on promissory note when the remedy of filing a complaint u/s..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Presumption as to - Notice was sent by registered post at the correct address of accused - It was returned with the endorsement `door locked' - Held, a presumption of `deemed service' must be drawn...........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Complainant was informed about dishonored cheque on 19.10.2006 - Demand notice was sent on 20.11.2006 i.e. on 31st day from the date of knowledge - Held, notice was not sent within stipulated period of 30 days - Acquittal of accused-respondent proper...........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant gave evidence regarding payment of amount to accused and issuance of cheque by accused - Defence of accused that he had no financial transactions with complainant and he never issued a cheque to accused - Held, it is for accused to establish said fact - Accused..........

Showing : 331-340 of 1053 Results