Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Notice - Limitation - Starts to run from the date when notice is delivered and not from the date when acknowledge is received...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Two notices sent to accused but returned due to non availability of accused - Third notice duly served on accused - Held, limitation for filing complaint would start from the date of service of third notice...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Held, day on which cause of action accrued has to be excluded for reckoning period of limitation for filing complaint u/s 138 of Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay in filing complaint - Condonation - Vigilance inquiry was going on regarding transaction in which accused was involved - Very high officers were under scrutiny of vigilance department - Considering red tapism and vigilance enquiry resulting in delay, delay in..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Partnership firm - Cheque issued by one of the partners of the firm - Complaint filed only against the partner who had signed the cheque and the partnership firm - Death of said partner during pendency of complaint - Other partners impleaded after a period of 5 years of filing of complaint -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Insufficient funds - Two notices issued - Limitation starts to run from the date of receipt of former notice by the drawer and not from subsequent date of receipt of later notice by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards time barred debt - Debt not acknowledged within limitation - Dishonoured cheque in question cannot be treated as acknowledgment u/s.18 of Limitation Act - No offence made out u/s.138 NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment - Period of fifteen days was made into thirty days by amendment w.e.f. 6.2.2003 - Amendment is prospective in nature and not retrospective in nature - Demand of payment not made within 15 days of the receipt of information from Bank (Cheque unpaid returned on 10.3.1999 but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - The day on which cause of action had arisen has to be excluded for counting the period of limitation for filing complaint u/s.138 of the Act...........
