Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Nominated Director - Director nominated by IDBI as financial assistance extended to company - IDBI a financial institution controlled by Central Govt. - Director nominated by a Central Government or State Government or a Financial Corporation owned or controlled by Central Government or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Can be served either through Registered Post or through UPC - Notice if dispatched through UPC with correct address of the drawer written on it, presumption of service of notice arises unless the drawer proves that it was not received by him in fact and that he was not responsible for such non..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 200 -- Dishonour of cheque - Time barred complaint - Condonation of delay - First notice of application be issued to the other side without taking cognizance of complaint - Application be decided after hearing the parties...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Compounding of offence under Section 138 NI Act can be done during trial of case as well as by the High Court or Court or Session while acting in exercise of its power of revision under Section..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment not made in notice - Held, it is not a legal notice strictly in terms of Section 138(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Assurance given to present cheque again and that it will be honoured - Tendering of cheque for the second time will not frustrate the cause of action which arose on tendering the cheque for the second time...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence when committed - It is not giving of notice which makes offence - It is the receipt of notice by drawer which gives cause of action - Cause of action is complete when drawer fails to make payment within 15 days of receipt of notice - Offence is deemed to have been committed only from the date..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued but no complaint filed - Cheque can be presented for the second time and complaint filed on fresh cause of action in case : (i) Envelope addressed to the complainant is lost or damaged or destroyed in transit; (ii) the letter does not reach the respondent for want of correct address; (iii)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice sent - Receipt of notice denied - On the other hand prayer made for dismissal of complaint on plea that complaint is barred by time in view of notice served by complainant - Held, these are inconsistent pleas and are self contradictory and an afterthought which is apparently carved out to resist..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action - If the cheques are dishonoured and no demand notice is issued, then the cause of action does not accrue under Section 138 of the Act - Cause of action accrues only when, after receipt of information of dishonour of a cheque; (a) a written notice is given within 15 days to the drawer..........
