Negotiable Instruments Act, 1881, Section 138(b), 142 -- Dishonour of cheque - Computation of period of limitation for filing complaint - Date of issuance of notice as well as date of service of notice or deemed service of notice to be discernible from postal receipt and acknowledgement card and in its absence any other document or documents issued by concerned postal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Postal receipt not produced - This fatal defect means that statutory notice was never received by accused and fifteen days period never commenced - Absence of proof of receipt of notice is fatal in any event - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Seal of first accused/partnership firm is affixed and a representative of first accused have signed postal acknowledgement card - Notice sent to second accused same person in the said address had signed and fixed seal acknowledging the receipt of notice - Affixture of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Full address of accused not mentioned in postal receipt - However, correct address of accused mentioned in the complaint and notice of demand - It cannot be presumed that notice was sent at the wrong address - Notice whether received by accused can be determined during trial - Complaint..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - `Giving of notice' and `receipt of notice' is in relation to presumption of service u/s 27 of General Clauses Act which would attract only on proof by complainant by producing postal receipt which would clearly establish that postal cover was correctly..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Presumption of service of notice - Copy of notice and postal receipt placed on record - Nothing on record that address of accused is wrong or that notice was sent back undelivered - Accused could have summoned record from Post Office to show that notice in fact..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Delay due to lapse of Postal Department in not furnishing information to complainant about receipt of notice - Delay bonafide and reasonable - Rightly excused by Court below...........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Service of notice - Validity - Complainant stated in complaint petition that notice was returned due to no, receipt of legal notice - He nowhere stated or proved that accused had deliberately evaded service of notice knowing full well about issuance of notice, or he got false endorsements made on..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Service of demand notice - From evidence of complainant himself, it appears that complainant has only proved legal notice - Complainant has not deposed anything in his deposition about the mode as to how legal notice was sent to accused or whether the said notice was actually sent and received by..........
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,..........
