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Results of second complaint 138

Showing : 11-20 of 1978 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...........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Complaint is maintainable u/s 138 of the Act, only when it is filed after due service of notice as contemplated u/s 138 of the Act...........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed before expiry of 15 days time prescribed by law - Complaint quashed...........

DELHI HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued beyond 30 days from the date of return memo - Complaint is not maintainable...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheque carries with it presumption u/ss 118, 139 of the Act - Complainant therefore not required to prove debt - However, complainant is required to plead about existence of debt in complaint - Proof of debt is different from pleading of existence of..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove that he had so much money advanced to accused - It was complainant who introduced accused while opening his account with bank from which cheque in question was issued - Plea of accused that at the time of opening of account, cheque book was retained by..........

Showing : 11-20 of 1978 Results