Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Acknowledgment of loan by petitioner is well proved - Even issuance of cheque has not been challenged - Neither receipt of legal notice has been denied, nor was legal notice replied back by petitioner - Minor contradictions in deposition of PWs are inconsequential - Even mentioning of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Not produced before Court - Notice not proved and marked an exhibit - Very foundation of case is wrong and thus not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number mentioned in the notice - Mention of wrong cheque number in notice does not attract provision of S.138 of the Act - Complaint not maintainable - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea that notice was returned as same was sent to wrong address - Notice whether amounts to proper notice is a matter of evidence - Complaint cannot be quashed without giving an opportunity to complainant to prove issuance of legal notice...........
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 -- Dishonour of cheque - Mentioning of wrong cheque number in complaint and/or legal notice - Other factors are also required to be seen - Original cheque was placed on record and the same was exhibited - Cheque as well as signatures on cheque admitted - Mentioning of wrong cheque number in the complaint or in the legal notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that notice was not served at the current address of accused - Notice sent by registered post to the address as given in Voter Identification Card and Driving License in the name of accused - Notice received back with postal endorsement "receiver is not residing at this address" - It..........
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 -- Dishonour of cheque - Notice - Cheque number - Non mentioning of cheque number or mentioning of wrong cheque number - Accused cannot claim that notice is bad or not in proper form to invalidate the cause of action - No express or specific form of notice is prescribed under the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - As per accused, demand notice not received by him as it was sent on wrong address appears to be incorrect as summons by Court which were sent at the same address, were received by him - Moreover, notice which was sent by UPC did not return, which indicates that it was duly served - Both..........
