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Results of 138 of n i act notice

Showing : 341-350 of 1053 Results

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Validity - Statutory notice was served on accused to which he remained passive - Both Courts below on appreciation of evidence have come to the conclusion that the offence has been made out - There is nothing to show that findings are either perverse or unwarranted by evidence..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of non receipt of notice - Plea not available to accused when he does not make payment within 15 days of the receipt of summons from Court - Dismissal of complaint set aside - Matter remitted for decision afresh in accordance with law...........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Unsigned notice - Not a notice in the eye of law - Unless and until a notice is signed, the contents of the notice cannot be said to be authenticated - Word `inform' means to convey the information about authenticated facts - Unsigned notice is no information in the eyes of law...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Expiring on Sunday - Complaint filed on next day - Evidence need not to be produced for this purpose - Court can take judicial notice of a holiday...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Jurisdiction - Notice sent from Hapur - Reply sent from Mumbai at Hapur address - One of the components of offence that is notice in writing to the drawer of the cheque demanding payment of amount was sent from Hapur - Held, Court at Hapur has jurisdiction to try the case...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute offence facts required to be proved are: - (i) Issuance of cheque; (ii) Presentation of cheque to Bank; (iii) Returning of cheque unpaid by drawee Bank; (iv) Giving of statutory notice in writing to drawer of cheque demanding payment of cheque amount; and (v) Failure of drawer to make..........

DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 - - Dishonour of cheque - Conviction - Validity - Issuance of cheques by petitioner and the same having been stopped payment by him is not in dispute - Legal notice that was issued by respondent/complainant was also, admittedly, received by petitioner - He neither replied the same nor controverted - Held, presumption of..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with endorsement "ND" - Notice was not thus served upon petitioner - Complaint, thus, not maintainable...........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Notice issued for the second time - Complaint has to be filed within limitation on accrual of cause of action which arises when once notice is given - Second notice does not give fresh cause of action - Dishonour of cheque once snowballs into a cause of action it is not permissible for a..........

Showing : 341-350 of 1053 Results