Proof of service of notice under Section 138 of the Negotiable ...

Determining Proper Notice u/s 138 of Negotiable Instruments Act Should Occur During Evidence Stage, Not Preemptively.

August 17, 2014

Case Laws Companies Law SC

Proof of service of notice under Section 138 of the Negotiable Instruments Act, 1881 - service of notice is a matter of evidence and proof and it would be premature at the stage of issuance of process to move the High Court for quashing of the proceeding under Section 482 of the Cr.P.C - SC

View Source

← Previous Next →

Proof of service of notice under Section 138 of the Negotiable ...

Determining Proper Notice u/s 138 of Negotiable Instruments Act Should Occur During Evidence Stage, Not Preemptively.

August 17, 2014

Case Laws Companies Law SC

You may also like:

The HC determined that in a dishonored cheque case under Section 138 of the Negotiable Instruments Act, proceedings had not yet reached the stage contemplated under...

The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It...

Dishonor of Cheques - legally enforceable debt or not - Rebuttal of presumption - The cheques pertain to these 4 cases, have been issued by the accused only to discharge...

Dishonour of Cheque - proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 - Validity of handwritten note (Notice) sent by...

In a High Court case, the issue was the dishonour of a cheque and the service of notice. The court considered whether the failure to produce evidence of serving the...

Dishonor of Cheque - insufficiency of funds - presumption of service of notice - The complaint should have been filed by 03.12.12, Admittedly, the complaint was filed on...

Dishonour of Cheque - applicability of principles of discharge - allegations of taking the amount on the pretext of Chinese technology - Forged documents and cheating -...

Dishonour of cheque case instituted within 30 days from legal notice date satisfies condition precedent for cognizance u/s 138 and 142(b) of NI Act. Complaint within...

Dishonor of Cheque - offence u/s 138 of NI Act - In view of the Section 27 of the General Clauses Act it is not necessary to mention in the complaint that service of...

Dishonour of Cheque - Rule of evidence - acquittal of accused - Proof of liability - service of demand notice - The High court concluded that the complainant had...

Validity of a complaint filed u/s 138 of the Negotiable Instruments Act through a Power of Attorney. The court held that it can quash complaints at the pre-trial stage...

Dishonour of Cheque - conviction of accused - The High Court upheld the conviction under Section 138 of the Negotiable Instruments Act based on the evidence presented,...

Dishonor of Cheque - service of notice - The finding recorded by the Court below regarding service of notice through registered post holding that there is no proper...

The Negotiable Instruments Act, 1881 was enacted to define and amend laws relating to promissory notes, bills of exchange, and cheques. Section 138, introduced through...

The High Court considered whether dishonored cheques were given for a legally enforceable debt. The appellant failed to prove the existence of a default by the...

Quick Updates: