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Results of 138 of n i act notice

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ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post, certificate of posting and by courier service - Notice sent by registered post received back with postal endorsement 'addressee left and new address not known' - Held, there is valid compliance of the statutory requirement of issuing notice to the accused...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Original agreement between the parties took place and cancelled at Jaipur - Cheque drawn of a bank at Jaipur - Cheque deposited by the payee with its bank at Mumbai for presentation to the bank at Jaipur - Cheque dishonoured at Jaipur - Communication regarding dishonour received at Mumbai..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - An essential ingredient for maintainability of complaint - However, issuance of notice by itself does not give rise to the cause of action but communication of notice does...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed on 14th day after issuance of notice - Court took cognizance of offence on 14th day after notice - Complaint dismissed as pre mature...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant produced all the material documents like cheque, intimation of bank with endorsement `insufficient funds', copy of notice, postal receipt, postal acknowledgement, etc. - Complainant gave certain dates in the complaint - Held, merely because complainant did not remember the dates which were..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178, 201 -- Dishonour of cheque - Territorial jurisdiction - Held, there are five essentials of offence u/s 138 of the NI Act - (i) Drawing of cheque; (ii) Presentation of cheque to bank of payee; (iii) Return of cheque unpaid by drawee bank; (iv) Giving of notice to drawer of cheque..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - No evidence on the side of appellant regarding absence of consideration - Expression of willingness to pay Rs.16,000/- and request for time to pay that amount in reply supports the case of appellant that cheque was issued towards discharge of an existing liability - Cheque was presented..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal against - Appeal rejected on ground of absence of appellant and his advocate - Notice to respondent not issued and even record from trial Court not called - Held, rejection of appeal is against the provisions of law - Impugned order set aside - Matter remitted for decision afresh in..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Unclaimed' - Second notice served at the same address - Complaint cannot be quashed on the ground that there is presumption of service of first notice and complaint is not filed within time - There is no rule of universal application that in all cases..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement 'addressee left' - In absence of proof that endorsement was mala fide, service of notice cannot be presumed...........

Showing : 461-470 of 1064 Results