Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a petition to condone the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a petition to condone the..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back unclaimed - In case of unclaimed notice the deemed service of notice is to be reckoned from the date of postal endorsement and not from the date the undelivered notice is received back by the sender...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Seven cheques issued on different dates - Separate notices issued - Seven complaints are maintainable - However, in case single notice is issued then all the transactions covered by the notice would be regarded as a single transaction, permitting a single trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued but no complaint filed - Cheque can be presented for the second time and complaint filed on fresh cause of action in case : (i) Envelope addressed to the complainant is lost or damaged or destroyed in transit; (ii) the letter does not reach the respondent for want of correct address; (iii)..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Non availability of addressee - There is no rule of universal application that in all case where notice is not served on account of non availability of the addresse, the court must presume service of notice - It depends upon facts of each case - If complainant is able to prove that drawer of cheque knew about notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - One complaint can be filed though there was one demand notice - In the instant case one complaint filed in respect of four cheques - No illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number and date of presentation - Notice is not vitiated - The requirement of the provision of S.138 Proviso (2) is that notice should be in writing and there should be demand of cheque amount - In the instant case name of bank and cheque amount mentioned in notice found to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed within one month of service of notice, in case of non payment - One month for filing complaint is to be reckoned from the day immediately following the day on which the period of fifteen days from the date of receipt of notice by the drawer expires...........
