Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
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 - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36, 48 -- Arrest - Non-compliance of S.48 BNSS - Grounds of arrest have been detailed in arrest memo - Signature of an independent witness is present in notice - At the time of arrest, wife of accused was intimated about his arrest over telephone - Receipt of written notice containing details of grounds of arrest u/s 48..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - It has to be understood as valid offer and acceptance of legally enforceable discharge which may be cash, manager's cheque, demand draft or may even be a mix of all the above and may also include a renewed cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Offence u/s 138 of the Act is not attracted where drawer upon service of notice makes payment within prescribed period - Once payment is lawfully tendered and accepted foundational ingredient of "failure to make payment" stands negated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Mode of payment - Statute does not prescribe any specific mode of payment - Making of payment thus entails a legally valid tender and does not press/pose a cash payment alone - It has to be understood as a valid offer and acceptance of legally enforceable discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount by way of demand draft but same not encashed - Demand draft presented for encashment only when petitioner was summoned in the complaint - Such conduct lends credence to petitioner's contention that criminal process was invoked not for recovery of dues, since amounts had..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
