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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - non-bailable warrant - it is not clear that ...


Non-bailable warrant issued in cheque dishonor case despite procedural lapses u/ss 138 and 142 of N.I. Act.

May 15, 2020

Case Laws     Indian Laws     HC

Dishonor of Cheque - non-bailable warrant - it is not clear that one of main ingredient i.e. date of service of notice from which the date the cause of action arises i.e. date of bank return memo as per the provisions of Section 138 N.I. Act is completely missing in the present case - As per Section 138 read with Section 142 N.I. Act, the period of complaint being filed from the date of service of notice i.e. within one month is also not complied in the present case.

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