Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Where accused denies liability for payment of cheque amount and contests charge u/s 138 of the Act, he may not be justified in seeking rejection of complaint on mere showing demand notice was not dispatched in correct postal address since he is least affected or prejudiced by alleged denial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Undelivered returned notice - Address mentioned in the envelope same on which service of accused had been effected - Refusal taken to be due service...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice sent by registered post - To rebut presumption about service of notice or that address was incorrect or filing of complaint prior to expiry of notice period would be considered by trial Court at appropriate stage -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Evidence discloses complainant`s financial incapacity to advance hand loan and inconsistent version about reason for hand loan - Even, there is no evidence to show that notice was sent by registered post as address was incomplete and it is not possible to draw presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that statutory notice was not served on him and that complainant had no ability to advance amount - Plea held not tenable as on basis of statutory presumption available to notice sent by registered post in correct address and also on basis of evidence of PW2, trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address - Once notice is sent by registered post with acknowledgment, it must be presumed that service is made effective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Notice - Returned due to unavailability of addressee - Notice sent to accused through registered post on his correct address - Once notice has been sent by registered post with acknowledgement, it must be presumed that service is made effective - Service of notice has to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........
