Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Postal receipt not produced - This fatal defect means that statutory notice was never received by accused and fifteen days period never commenced - Absence of proof of receipt of notice is fatal in any event - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - However, partners of Firm arraigned as accused and notice was issued to them - Defect if any, is not significant or incurable in these circumstances - Moreover, cheque was issued in name of firm and signed by one of..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accepted by a relative - No evidence that accused was aware of service of notice on his relative - If there is no such evidence, it is to be presumed that statutory notice is not served on accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Petitioners settled dispute with complainant by making entire payment - Offence committed by petitioners u/s 138 of the Act thus, stand compounded - Petitioner No.2 acquitted of notice of accusation framed against him...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Letter issued by complainant informing about dishonour of cheque and request to give said amount immediately or complainant will have no option taking legal action against petitioner, cannot be construed as a demand notice as contemplated u/s 138(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Unclaimed notice - Initial burden is upon complainant that notice was sent - Once that initial burden is discharged and in case drawer of cheque disputes the address shown on unclaimed notice then burden shifts to drawer of cheque to demonstrate that address shown..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unclaimed notice - Drawer of cheque needs to provide satisfactory and convincing evidence to show that address shown on notice is not his address - Drawer cannot frustrate legal process by not receiving the notice or by shifting residences without informing complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused issued cheque to complainant in discharge of a legally enforceable debt - Cheque issued by accused was dishonoured due to insufficient funds in the account of accused - In spite of service of notice, accused failed to pay the amount covered by cheque - Conviction upheld...........
