DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Two notices issued - First notice not being a notice u/s 138 of NI Act cannot be used to count limitation - Second notice a valid notice demanding payment - Limitation to file complaint will begin from second notice...........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Not in conformity with the requirement of S.138 of the Act - Not a valid notice for the purpose of putting into motion the process of law under the Negotiable Instruments Act...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dropping of proceedings - Drafts in lieu of cheques issued - Such defence can only be considered at the time of trial - Proceedings on such count cannot be dropped...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Society - President of society issued cheque, on his own behalf, and not on behalf of the society - Cheque drawn from personal account of President of society - Held, Society or its Secretary not liable for offence u/s 138 of the Act on dishonour of such a cheque...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Society - President issued cheque from his personal account to discharge a debt or liability of society - Cheque dishonoured - Society or its Secretary cannot be proceeded against, unless it is established that the dishonoured cheque is drawn by the society on an account maintained by the society..........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Director - Specific allegation in complaint that Director of company approached complainant for loan - Held, Magistrate was right in summoning the petitioner in view of the allegation in the complaint - Petitioner is at liberty to prove his innocence during trial...........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Dishonour of cheque issued by Company - Prosecution of Company, Chairman, Vice Chairman and other Directors of the company - For prosecution of Chairman, Vice Chairman and other Directors of the Company complaint must show how they are responsible for the conduct of the day-to-day..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245-- Complaint u/s 138 Negotiable Instruments Act - Complaint is to be tried like summons case - Petition seeking discharge is not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent by fax - Complaint not filed - Cheque again presented and again dishonoured - Notice issued - Complaint filed - Complaint whether beyond limitation? - Question whether fax message was sent or not, when it was sent and when it was received are questions of fact which can only be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Notice sent as per certificate of posting - It is a valid notice - There is no mandate of the provision that notice must be sent only by registered post - Notice sent on correct address would be deemed to have been received by addressee...........