Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - In order to bring application of Section 138 the complaint must show: (1) That Cheque was issued; (2) The same was presented; (3) It was dishonored on presentation; (4) A notice in terms of the provisions was served on the person sought to be made liable; (5) Despite service of notice, neither any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Served upon wife of drawer - Not sufficient - Order of conviction set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued but not served - Cheque presented for the second time and again dishonoured - Notice issued in the name of a wrong person - Cheque presented for the third time and again dishonoured - Notice issued for the third time - No payment received - Complaint filed - Not illegal - Held, cause of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post to correct address of the drawer - Notice returned with endorsement must be presumed to be served to the drawer and the burden to show that the drawee had managed to get an incorrect postal endorsement letter on the complainant and affixed thereof have to be considered..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Notice - Two notices served - Complaint silent as to first notice - Accused to raise this issue at the time of framing of charge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Stop payment - Cheque dishonoured - Cheque presented again - Collecting bank returned cheque noticing defacement and it was never presented to drawer's bank - Cheque shall be deemed to be presented only once - Notice not served within statutory period when cheque was first dishonoured - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Sought on ground that complaint not filed within time on the basis of first notice - Issue as to whether the first notice was served or sought to be served by the postman on the accused has to be decided on the basis of evidence and postman concerned has to step in the witness..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement `there was no such addressee' - Address mentioned on postal cover not disputed - Summons served at the same address - Accused did not chose to enter into the witness box - When questioned u/s 313 Cr.P.C. accused did not say that notice was not served as per law or..........
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..........
