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Results of 138 of n i act notice

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ORISSA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Service of notice - Though a registered notice as contemplated u/s.138 of N.I. Act was issued same was not served upon petitioner and returned with an endorsement that he was absent for 6 to 7 days - It is also not case of complainant that petitioner is intentionally avoiding to..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention of 15 days period within which the amount was payable - Notice is not defective - Provision of S.138 of the Act only stipulates that accused becomes liable for prosecution if he does not pay the amount within fifteen days from the date of receipt of notice - It does not speak of..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address received back with postal endorsement `unclaimed' - Notice will be presumed to have been served ...........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made before presentation of the cheque - It should be endorsed and claim should be limited to the extent of liability - If inspite of part payment demand notice is issued of the entire amount of cheque and prosecution is launched for the entire amount then no offence u/s 138 of the Act is..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Notice - Requirement - Complainant has not issued notice to petitioner calling upon him to make payment within 15 days - Held, it cannot be held that petitioner had committed an offence punishable u/s 138, as..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - There is presumption that service of notice is effected when it is sent on correct address by registered post on the address of the drawer - It is not necessary for the complainant to aver in the complaint that service of notice was evaded by the accused...........

MADRAS HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued to Company - Complaint against Company and its Directors and/or other officials - Separate notice is not required to be issued to Directors of Company or other officials of the company who are proposed to be prosecuted...........

UTTARAKHAND HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Cause of action - Complainant had already issued notice to petitioner on 04.07.2001 which was received by petitioner - Complaint filed on basis of subsequent notice allegedly issued on 31.07.2001 - Held, right to complainant was available to present cheque any number of times during..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment within 8 days - Law does not prescribe any period within which payment has to be made - Held, mentioning a period lesser than 15 days in the notice of demand does not affect the complainant's right to launch prosecution if the complainant has waited for 15 days and then..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - It is not necessary to mention any period in the notice within which the payment of cheque is necessary...........

Showing : 531-540 of 1066 Results