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 - Notice - Wrong cheque number - May be a typographical error but such typographical error if any, does not meet the compliance of mandatory provision of S.138 of the Act - Only course left for the complainant was to give a fresh legal notice which admittedly was not done - Held, for want of statutory..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice sent through registered post - Service of - Presumption as to - Held, if notice is sent through post office by registered post then, it shall be presumed that it is received by opposite party - Where applicant/accused could not prove that he left that..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) Dishonour of cheque - Notice - Return of first notice with endorsement `Door locked and left' - Issued another notice after collecting correct address beyond prescribed period - Notice is invalid and cannot be treated as continuation of first notice - Proviso (b) to S.138 of the Act provides only issuance of one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Statutory notice was sent to correct address of accused - Accused was not available at the time of delivery of registered post - Postman had visited house of respondent on 07.06.2001, 08.06.2001, 09.06.2004, 11.06.2001 and 12.06.2001, on which day he had left intimation - Held, finding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Application for discharge - Dismissal of - Validity - Plea of accused that notice was not served to him within 30 days of communication of dishonour of cheque - Complainant's stand that notice was sent to accused at his address, but fully knowing well about notice sent to him through..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post, certificate of posting and by courier service - Notice sent by registered post received back with postal endorsement 'addressee left and new address not known' - Held, there is valid compliance of the statutory requirement of issuing notice to the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement 'addressee left' - In absence of proof that endorsement was mala fide, service of notice cannot be presumed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Left without address' - Accused in fact residing at the address given on envelope - Accused failing to explain that he was not available at his house - It is service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one served personally - It is also..........
