Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption of receipt of notice by drawer of cheque can be raised only if notice has been despatched through registered post to his correct address - Such inference cannot be drawn if notice has been sent on incorrect address of drawer of cheque...........
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 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
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, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post with correct address - Service of notice is deemed to have been effected on the sender unless he proves that it was really not served and he was not responsible for such non service...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Presumption - Conviction by trial Court - Acquittal by appellate Court - Notice issued and sent under UCP was served on accused and he has not given any reply though admitting that address mentioned in registered postal covers are correct - Even, evidence..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Notice - Once notice is dispatched to correct address, presumption u/s 114 of Evidence Act and S.27 of General Clauses Act is that notice was served...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant issued notice to accused in his admitted address - Notice having been sent to accused's correct address were duly served, fulfilling the requirement of `giving Notice'...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - When notice is sent by registered post, presumption of deemed service u/s 27 of General Clauses Act arises, provided it is proved to be dispatched in correct address of noticee - S.138(b) of the Act does not insist that actual receipt of notice by drawer of cheque must be proved...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
