Showing : 381-390 of 535 Results

KERALA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Limitation - Starting point - The period of one month for filing the complaint has to be reckoned from the date immediately following the date on which the period of 15 days from the date of receipt of the notice by the drawer expired...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Proviso (c) - Notice - Date of receipt - To be clearly made out as without this it is not possible to reckon period of 15 days - Before an order summoning an accused person is passed by the Magistrate, it has to be made out by the complainant that the drawer has failed to make the payment to him..........
MADRAS HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - Notice sent not to present cheques for encashment - Inspite of it cheques presented for collection - Cheques returned as instructions were given to bank to `stop payment' - Amounts to dishonour of cheque within meaning of Section 138 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed - Accused directed to..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - If tender of the notice by the postman at the address of the accused is proved, and it is established that the notice could not be personally served due to wilful default or deliberate evasion of the accused, then the same may constitute 'receipt of notice'...........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Notice - Not personally served on the accused - Postal endorsement that addressee not available - It is purely a question of fact which can be investigated during the trial of the case as to whether the notice was actually taken by the Postal department to the accused and they evaded the service..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Received back with postal endorsement 'Not claimed, Returned to sender' - No ground to quash proceedings u/s 482 Cr.P.C. on the ground that there was no service of notice - What is the purport of endorsement made on the letter are questions of fact which have to be gone into during trial...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Received back with endorsement 'addressee out of station - door locked for 7 days' - There is presumption of deemed service of notice...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Quashing of complaint - Plea of petitioner that his signature on the cheque obtained by coercion - Further the petitioner issued notice to respondent to return the cheque for various reasons mentioned in the notice - Said questions have to be gone into during..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Limitation - `Cause of action' - Cheque to be presented within six months or its period of validity - Notice in writing to drawer to be given within 15 days of the receipt of information from the bank - Payment to be made within 15 days of the receipt of notice - On failure to make the payment..........

Showing : 381-390 of 535 Results