Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Nature of transaction need not to be disclosed in the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Failure to send reply to the notice, not a circumstance to prove case of complainant or demolish case of defence...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - No particular form has been prescribed under the Act with respect to a notice u/s 138(b) of the Act except payee or holder in due course should make a demand for payment of amount of money within 30 days from receipt of intimation from bank regarding return of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of accused that notice was served upon son of accused and not upon accused - Plea held, not tenable as notice was sent through two modes once through registered post and another through courier service and so far as registered post is concerned same was served upon accused for which..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Sent to one `V' and `S' - Both of them neither drawer of cheque or accused in the complaint case and for this reason alone it must be held that legal notice was not properly addressed and sent to accused - Accused rightly held, not guilty of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - By registered post - It is proper service of notice - There is no requirement to serve notice under certificate of posting...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post with correct address - Service of notice is deemed to have been effected on the sender unless he proves that it was really not served and he was not responsible for such non service...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused neither replied to legal notice issued by complainant nor denied his signatures in the cheque - Even, no oral and documentary evidence had been let in by accused to prove his case - Whereas complainant has proved his case by letting in cogent evidence -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - When accused though denied signature when he has not sent the same to handwriting expert and also not given any reply to notice and instead of drawing presumption in favour of complainant, trial Court believed evidence of accused and committed error which amounts to perversity - Order of..........
