Negotiable Instruments Act, 1881, Section 138 -- Notice - Issued after five months of receipt of information from Bank - Notice is clearly beyond the time fixed under S.138(b) of the Act - Compliant and summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Payment stopped - In notice reason for return of cheque mentioned `Insufficient funds' - Notice is not valid...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - New check issued on taking back cheque issued earlier - This fact mentioned in notice - Complaint based on cheque issued earlier - In proof of complaint, new cheque produced - Cheque issued earlier, on which complaint based not produced - Summoning order passed only on the basis of cheque issued earlier without..........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Merely because the drawer of the cheque issued notice to the drawee or to the bank for stopping payment, it would not save from an action u/s 138 of the Act...........
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 -- 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, 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...........
