Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - No legal requirement to mention date of service of notice upon drawer of cheque in the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - If notice is sent through registered post then presumption u/s 27 of General Clauses Act will automatically come into picture...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - If notice is sent through registered post then presumption u/s 27 of General Clauses Act will automatically come into picture...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - If date of service of notice is not mentioned in complaint then Court can presume u/s 114 of Evidence Act and S.27 of General Clauses Act that notice would have been served within ten days from the date of dispatch - Though it is always open to drawer of cheque to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - If date of service of notice is not mentioned in complaint then Court can presume u/s 114 of Evidence Act and S.27 of General Clauses Act that notice would have been served within ten days from the date of dispatch - Though it is always open to drawer of cheque to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Directions issued, viz. (i) In a complaint for dishonour of cheque Court will emphasise for filing post tracking report alongwith the complaint, if notice was sent through registered post; (ii) notice sent through `email or whatsapp' if it fulfills the requirement of S.13 of I.T. Act, 2000 is a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Directions issued, viz. (i) In a complaint for dishonour of cheque Court will emphasise for filing post tracking report alongwith the complaint, if notice was sent through registered post; (ii) notice sent through `email or whatsapp' if it fulfills the requirement of S.13 of I.T. Act, 2000 is a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of witnesses - Petition for summoning of witnesses filed by accused was partly dismissed to the extent of summoning of one witness since no address particulars of said person was furnished - No interference warranted in said order - Petition for quashing order dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was admittedly signed by accused - Cheque returned unpaid for reason `funds insufficient' - Notice sent to accused demanding amount mentioned in cheque was returned unclaimed - However, address mentioned in notice is registered address of accused - Offence u/s 138 of the Act thus, stands..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
