Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Condition of notice u/s 138 Proviso (b) of the Act is required to be complied with meticulously - Even typographical error can be no defence - Error even if typographical would be fatal to legality of notice, given the need for strict mandatory compliance...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Notice to be issued u/s 138 Proviso (b) of the Act, must mention the same amount for which the cheque was issued - It is mandatory that demand in the statutory notice has to be very amount of cheque - After mentioning the exact cheque amount, sender of service may claim in..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Cheque which was drawn by respondent was for Rs.1,00,000 whereas in the notice issued u/s 138 Proviso (b) of the Act appellant mentions the amount of Rs.2,00,000 - Defence would not hold good that different amount mentioned in the notice was out of inadvertence - Even if..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably resolved between parties and amount of Rs.1,10,000 as agreed between them already stands paid to complainant - Non-appearance of complainant is nothing but delaying tactics for finalization of proceedings which would not be advancing any cause of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheques were issued on 5.12.2011 for an amount of Rs.13,50,000 - However, a period of more than 13 years has elapsed since then, but despite the reference of matter four times for mediation, petitioners were unable to settle the same and even after time was taken from High..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory u/s 148 of the Act emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit compensation amount - Appellate Court holds the discretion to waive condition only in exceptional circumstances - Such circumstances must be demonstrated through compelling and substantiated material provided by appellant - In the absence of such cogent material, it..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit 20% of compensation amount - Ground that petitioners are facing financial difficulty cannot be said to be a ground sufficient enough for carving out an exception from the mandate contained in S.148 of the Act - Imposition of condition of deposit of 20% of amount of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Limitation - Judgment of trial Court delivered on 23.8.2024 - Appeal filed on 29.10.2024 is within time...........
