Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Thirty days time ordinarily must be held to be sufficient for service of notice...........
Negotiable Instruments Act, 1881, Section 142 -- Proviso to S.142(b) of the Act as inserted in 2002 is not retrospective in operation...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Insertion of proviso to S.142(b) in 2002 confers a jurisdiction upon the Court to condone the delay - However, insertion of the proviso is not retrospective in nature...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage - When the post dated cheques were issued the accounts were operative - Even assuming that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Court has no jurisdiction to allow the amendment of the complaint petition at a later stage...........
