Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Limitation - Non-delivery of AD - Complainant has proved that Registered Post A.D. notice was issued on 18.05.2009 - Complaint was made by complainant regarding no, delivery of acknowledgment card and it was only on 30.06.2009 that he was informed by postal authorities that notice..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Goa Money Lenders Act, 2001, Section 2(1) -- Dishonour of cheque - Complaint - - Money lending - In pursuance of MOU entered into between parties, complainant advanced Rs.5 Lakhs to accused for his business - Accused agreed to repay amount with interest at 30 % per month- Complainant's case is that since accused did..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when all the indicated..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Complaint filed on 06.02.1995 after serving demand notice on 14.01.1995 - Cause of action to institute complaint arose when no payment was made within 15 days from date of service - Thus, right to lodge complaint..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Contention that in absence of original of dishonoured cheque Court could not have issued process - Held, at the stage of issuance of process Court is required to see whether a prima facie case is made out or not -..........
Hindu Marriage Act, 1955, Section 13B, Article 142 -- Constitution of India, - Power under Article 142 can be exercised in a petition u/s 13-B Hindu Marriage Act, 1955, only in appropriate cases and not as a routine...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was presented and dishonoured at Srinagar - It is no body's case that cheque was drawn at Pulwama - Held, merely because notice was dispatched from Pulwama to petitioner at his Srinagar address would not give jurisdiction..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheques in question were presented for collection by respondent/complainant at Parwanoo - Communications of dishonouring cheques were given at Parwanoo - Material was supplied by respondent from Mumbai to Boisar - Respondent has a unit at Village Ambota,..........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Jurisdiction to issue a writ - Held, it is co-extensive with territorial jurisdiction of High Court within whose jurisdiction subordinate Court takes cognizance of a complaint - Proceedings instituted within..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque dishonoured due to insufficient funds - Cheque again presented and again dishonoured - Notice given which was received back unclaimed - Complaint filed within a month - No illegality in notice as well as complaint which..........
