Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Notice - If complainant issues notice to accused on proper and correct address by registered post with acknowledgement due, even if notice returns unserved, it has to be treated that it is a deemed service...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint filed at Chandigarh, although cause of action had arisen at Jallandhar - Legal notice for demand of payment had been issued from Chandigarh - Held, Courts at Chandigarh do not have jurisdiction to try the complaint - Besides..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused did not respond to statutory notice - Finding of conviction concurrently recorded by Courts below - Defence denying execution of cheque found to be false - Conviction calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal complaint - Quashing of - Petitioner was resident of Faridabad - Cheques in question were drawn on Punjab & Sind Bank, Ajronda, Faridabad where petitioner was maintaining its account - Cheques though were deposited for collection by respondent through..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by sole proprietor - In cause title it is mentioned that complaint is filed by "M" representing M/s Traders "N" Traders, a proprietary concern as its proprietor - Held, no further evidence is needed on behalf of appellant-complainant - Further no reply notice has been issued by..........
Negotiable Instruments Act, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand made to make the payment immediately - The word `immediately' covers the period within 15 days - Notice perfectly legal and valid...........
Negotiable Instruments Act, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Receipt of notice by fax itself is sufficient within the meaning of S.138 of the Act for reckoning the period of limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - In the light of the assertions of the complainant-respondent, it is more than clear that present petitioner is not drawer of cheque - Complaint also illustrates in paragraph 5 that accused-petitioner vehemently denied any liability and also disputed issuance of questioned..........
