Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Notice - Demand notice is not required to be served upon each and every partner - It is sufficient if notice is served upon the firm...........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date cognizance was taken -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioners be not insisted by trial Court upon petitioners filing an application u/s 205 Cr.P.C. along with their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C. not yet framed - Petitioner has an alternate and efficacious remedy available to them to urge the pleas taken herein before trial Court at the time of framing of notice u/s 251 Cr.P.C. - Inherent power to quash..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Notice to company - There is no requirement to give separate notice to Directors of company - Such Directors who are in charge of affair of Company and responsible for affairs of Company, would be aware of the receipt of notice by the Company u/s 138 of the Act - If there is plea of Directors..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - Dropping of proceedings at notice stage cannot possibly be equated with recalling of summoning order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - At the stage of framing of notice u/s 251 Cr.P.C. trial Court is not expected to function like a post office and to mechanically frame notice, but is rather bound by law to apply its mind to find out whether prima facie case is made..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Framing of notice u/s 251 Cr.P.C. - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioner be not insisted upon by trial Court upon his filing an application u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Quashing of proceedings - Notice received back with endorsement `addressee left the place' - Thereafter notice sent by Court upon registration of private complaint also returned with different endorsement `accused went outside' - Deliberate evasion of receipt of registered notice would amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - If payee or holder in due course of cheque establish despatch of notice on correct address of drawer, pursuant to dishonour of cheque and before expiry of period of 30 days, statutory requirement of demand by giving notice within statutory period stands established...........
