Negotiable Instruments Act, 1881, Section 138 -- Notice - Cheque dishonoured on 13.1.1994 - Intimation given to payee on 17.1.1994 - Fifteen days period for sending notice of demand is to be counted from the receipt of information from the Bank regarding the return of the cheque as unpaid...........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death of - Complaint does not ipso facto terminate or abate upon death of complainant - Where complainant is dead, his legal representative, agent or power-of-attorney holder can be permitted to prosecute complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 210 -- Complaint case and police case over same matter - Magistrate to stay complaint case and call for a report from police - S.210 Cr.P.C. is not attracted where complaint is u/s 138 NI Act as cognizance of offence u/s 138 NI Act can only be taken on a complaint filed by payee...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Three notices - In response to the first notice petitioner requested to represent the cheque - Cheque presented and again dishonoured - Second notice issued - Again requested to represent the cheque - Cheque presented and again dishonoured - Third notice issued - Failure to make payment - Complaint filed - Held, if..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Oral intimation - Not a demand notice - There has to be a written notice...........
Negotiable Instruments Act, 1881, Section 138 -- `Cause of action' arises only when notice is issued and payment is not made - Notice given when cheque was dishonoured for the second time - Notice is valid - Oral intimation was given when cheque was dishonoured for the first time - Oral intimation is not demand notice as there has to be a written notice...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post and under certificate of posting at correct address - Notice sent as per registered post received back with postal endorsement 'Unclaimed' - There is presumption of service of notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 431 -- Dishonour of cheque of Rs.1.45 lacs - Conviction of accused - Sentence of 15 days and compensation of Rs.1.52 lacs imposed out of which Rs.3000/- to go to State for loss suffered by State in terms of judicial time and resources spent for resolving the controversy between the..........
Negotiable Instruments Act, 1881, Section 138 -- Compounding of offence - Offence u/s 138 Negotiable Instruments Act is not compoundable - No such permission can even be granted by High Court by taking recourse to its inherent powers under S.482 of the Criminal Procedure Code...........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 434 -- Notice - Issued u/s 434 Companies Act within 15 days of the information from the Bank regarding return of cheque drawn by a company as unpaid - Amounts to a notice u/s 138 Negotiable Instruments Act...........
