Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Merely because drawer issues a notice to drawee or to bank for stoppage of payment, it would not preclude an action u/s 138 the Act by holder of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice u/s 138(b) of the Act is mandatory on receipt of intimation from bank - Non-compliance of mandatory provision - No offence u/s 138 of the Act will be attracted - Order passed by Courts below is quashed and set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque number - Non mentioning of cheque number or mentioning of wrong cheque number - Accused cannot claim that notice is bad or not in proper form to invalidate the cause of action - No express or specific form of notice is prescribed under the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, complainant has failed to discharge onus regarding plea of accused of no liability or no, existence of legally enforceable debt - Even, beleaguered attempt was made by complainant to salvage his case when..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Disclosure of date of service of notice in complaint - It is not the requirement of law that date of service of statutory notice is to be disclosed in complaint at the stage of summoning - Where complaint alleges that registered notice was issued, presumption of due service can be made - Requirement of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - Complaint is pre mature and is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Single complaint - Four cheques in a seratum, were presented in a single account of complainant - All cheques were dishonoured for want of funds followed by combined registered statutory notice - Single complaint is maintainable as all the cheques formed part of same transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complaint filed on the basis of second notice - First registered notice returned by postal department due to long absence of drawer - Second notice also returned with endorsement as refused - There is presumption of service of notice when there is `refusal' to receive notice - Cause of action..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured thrice - Cheque dishonoured lastly on 22.04.2014 - Legal notice was served on 08.05.2014 and compliant filed on 02.06.2014 - Held, in no way it can be said that either the legal notice was not within limitation or that complaint was time barred...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of first legal notice is..........
