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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P.
P.S. Madhusoodanan – Appellant
Versus
Alamelu Ammal – Respondent
JUDGMENT :
Gopinath P., J.
Criminal Appeal No.277/2023 has been filed challenging the judgment dated 30.12.2022 in S.T.No.351/2016 on the file of the Judicial First Class Magistrate Temporary Court, Neyyattinkara through which a complaint filed by the appellant alleging the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I. Act’) by the 1st respondent in the said appeal/accused was found not maintainable and the 1st respondent/accused was acquitted under Section 255(1) of the Cr.P.C.
2. Criminal Appeal No.278/2023 has been filed challenging the judgment dated 30.12.2022 in S.T.No.353/2016 on the file of the Judicial First Class Magistrate Temporary Court, Neyyattinkara, through which a complaint filed by the appellant alleging the commission of offence punishable under Section 138 of the N.I. Act by the 1st respondent in the said appeal/accused was found not maintainable and the 1st respondent/accused was acquitted under Section 255(1) of the Cr.P.C.
3. Criminal Appeal No.291/2023 has been filed challenging the judgment dated 30.12.2022 in S.T.No.352/2016 on the file of the Judicial First Class Magistrate Tem
The cause of action under Section 138 of the Negotiable Instruments Act arises immediately upon the return of a notice as 'refused', without needing a subsequent 15-day waiting period for payment.
Dishonour of cheque – Complainant is not required to prove service of notice on accused before institution of case—Requirement of giving notice is a clear departure from rule of criminal law, where t....
The presumption of service of legal notice under Section 27 of the General Clauses Act applies, and a complaint under Section 138 of the Negotiable Instruments Act is premature if filed before the st....
The main legal point established in the judgment is the requirement for the complainant to wait for the stipulated 15-day period before filing a case under section 138 of the Negotiable Instruments A....
Premature filing of a complaint under section 138 of the Negotiable Instruments Act renders the complaint not maintainable.
Negotiable instrument - Notice - Cause of action for filing a complaint case under Section 138 of the N.I. Act could not arise prior to expiry of 15 days from the date of service of legal notice on t....
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
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