Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by registered post at correct address - Notice received back with postal endorsement that addressee was abroad - Held, provision of S.138 is sufficiently complied with...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Absence of pleading that notice was sent at the correct address of the drawer by registered post acknowledgement due - However, returned envelope annexed to complaint and thus it formed part of the complaint - Returned enveloped showed that it was sent by registered post acknowledgement due to the correct address..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post at correct address - Notice if received back with postal endorsement that premises is found locked or the addressee is not available then notice is deemed to be served on the addressee unless addressee proves that he had no..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - `Giving notice' is not the same as `receipt of notice' - Giving is a process of which receipt is the accomplishment - It is for the payee to perform the former process by sending the notice to the drawer at the correct address - Once notice is dispatched his part is over and the next depends on what the sendee does...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence of simple imprisonment and fine - Appeal against - Appeal/Revision cannot be dismissed for non deposit of amount of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissed in default for single instance of non appearance of complainant - Complaint ordered to be restored to be decided on merits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Delay - Application for condonation of delay not filed alongwith complaint - It is a curable defect - Complainant directed to file affidavit setting out reasons for delay in filing complaint and trial Court directed to provide opportunity to accused to raise their defence - If Court is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Cheque dishonoured and in lieu thereof second cheque issued - Cheque number of second cheque not mentioned in notice - Held, it cannot be said that notice is not valid...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - 'Accused are Directors and Executive of the Company' - Meaning - When Director is also executive, he is an officer with executive powers, charged with administrative work and is a person with senior managerial responsibility in the business - No fault can be found in the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused evaded service of notice - Defence with regard to service of notice not raised in trial Court - Such a plea is not available in revision - Proviso to S.138 of Negotiable Instruments Act is meant for honest drawer and not to protect the unscrupulous drawers...........
