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Results of refused 138 notice

Showing : 1-10 of 16 Results

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - If service is refused or service by absence could not be made effective, service could be deemed sufficient as per law - But in any case 15 days time prescribed by law should always be fulfilled to maintain complaint u/s 138 of the Act...........

KERALA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned unserved/unclaimed - Date of service of notice - It is the date when complainant received the returned notice or was so informed by the postal authority and not the date when postman made endorsement that addressee refused or returned the postal article unclaimed...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house' or `house locked' or `shop closed' or `addressee not in station'...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........

UTTARAKHAND HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Acquittal of accused merely on ground that actual service of notice on accused was not proved by producing Postman who could have stated that accused refused to accept notice - Held, acquittal not proper - S.138(b) only requires giving of a notice in writing to make a demand..........

KARNATAKA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Proof of service of notice - There is a postal endorsement to the effect that notice was refused - Envelope is accompanied by acknowledgement and it has been returned to complainant - Having sent notice by registered post, complainant has produced postal receipt - Held,..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Endorsement of `Refusal'- Postal peon is not required to be examined - Notice is deemed to be served when it is sent by registered post at the correct address - In that event burden shifts on accused to show that it was not really refused by the addressee and the sender of the notice managed to..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Notice - Received back with endorsement of refusal - Held, presumption of valid service of notice can be raised even when a notice is received back with an endorsement that the party has refused to accept it...........

Showing : 1-10 of 16 Results