Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Demand notice - 20.09.1995 is the date of refusal to receive notice as per postal endorsement - 15 days fell on 05.10.1995 - Complaint filed on 05.10.1995 - Complaint should have been instituted on or after 16th day - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Demand notice - Presumption - Courts below failed to consider that there is no evidence on record to show that legal notice sent under registered post was ever served upon accused - Presumption regarding service of demand notice sent even through registered cover can be drawn only upon expiry of 30 days..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Premature complaint - Date of dispatch of legal notice regarding bouncing of cheques by complainant is 24.7.2007 - Date of deemed service of notice of legal notice upon accused would be on or about 24.8.2007 (30 days from dispatch of legal notice) and 15 days from date of service of notice would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed before expiry of 15 days time prescribed by law - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed without waiting for expiry of 15 days from date of due receipt of notice - Complaint thus, filed before date of occurrence of cause of action - Such a premature complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date cognizance was taken -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Taking cognizance of offence after expiry of 15 days as stipulated u/s 138(c) of the Act does not cure legal defect of premature complaint - Continuation of proceedings against accused `A1' and `A2' not legally sustainable - Proceedings u/s 138 of the Act quashed...........
