Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditions required to be complied with before taking cognizance are (i) that the cheque must be presented within a period of six months from the date on which it is drawn; (ii) on the cheque being returned un-paid by the banker, a notice has to be issued within thirty days from the date of receipt of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service - To draw presumption of service of notice there should be evidence that address to which the notice was sent is the correct address...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Service of notice by registered post - Once notice is dispatched, complainant`s part is over, complying with conditions mentioned u/s.138(b) of the Act - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused summoned - Magistrate cannot review its own order - Issuance of notice averred in complaint - Notice whether sent as required by law or not is a matter of evidence to be considered at appropriate stage - By impugned order Court has decided the issue itself and has held that no notice was issued -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Thirty days time ordinarily must be held to be sufficient for service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of Rs.75, 000/- whereas as per cheque respondent is liable to pay only Rs.70, 000/- - Held, same not fatal to the case of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through e-mail - A notice demanding payment of amount under a dishonoured cheque can be sent electronically as well - No format is prescribed in respect of demand notice...........
