Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appellant gave four cheques on 24.12.1991 to 27.3.1992 - For payment of loss suffered by Standard Chartered Bank arising out of transactions in securities all cheques dishonoured on ground 'Not arranged for' - Notice of demand served - The appellant did not pay in prescribed period - Complaint filed..........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Notice served on 2.12.1994 and complaint filed on 12.12.1994 before expiry of 15 days of service of notice - Complaint dismissed - Cause of action arises after expiry of 15 days of service of notice...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice - Notice issued in name of Director who signed cheque - Notice proper - Notice cannot be construed in a narrow technical way without examining substance of matter - Prosecution proceedings cannot be quashed on the ground that notice was not served on Company...........
Negotiable Instruments Act, 1881, Section 138 -- 10 Cheques dishonoured - Two notices each covering five cheques served on two different days and single complaint filed - Single cause of action arose, not when cheques were dishonoured but on service of notice and on failure to make payment - Single complaint cannot be said to be bad in law - Procedural provision of S.219..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Notice - Company - Notice served on Company - Notice shall be deemed to have been served upon Directors of Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of cognizance sought on the ground that no notice was served - Materials available not sufficient to prove the plea - In absence of evidence, it is difficult to take a decision as to whether the petitioner avoided to receive the notice or not, or as to whether the complaint has been filed..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Non mention in complaint that notice has been served - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- `Cause of action' - Cheque presented a number of times and dishonoured - Held, cause of action arises only when notice under S.138 is served upon drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent at the address given by drawer himself - Notice received back with endorsement 'addressee not found' - Voters list produced by drawer by way of rebuttal evidence to prove that he was not residing at given address but elsewhere during relevant time - But neither the initials of the drawer nor the name of father..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - If tender of the notice by the postman at the address of the accused is proved, and it is established that the notice could not be personally served due to wilful default or deliberate evasion of the accused, then the same may constitute 'receipt of notice'...........
