AI Overview...
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Validity of Notices via Email and WhatsApp - The courts have held that notices sent through email and WhatsApp are valid under Section 138 of the Negotiable Instruments Act, provided they meet certain conditions such as mentioning cheque details, date of sending, and mode of sending in the summons or notice. This was affirmed in the judgment dated 25.01.2024 in Application U/S 482 No. 45953 of 2023 Rakesh Upadhyay VS State of Uttar Pradesh - Allahabad, Rakesh Upadhyay Vs. State Of U.P. And Another - Allahabad, Rajendra Vs. State of U.P. and Another - Allahabad.
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Application to Quash Proceedings - Multiple judgments dismissed applications seeking to quash summoning orders under Section 482, including in Application U/S 482 No. 45953 of 2023 and similar cases, reaffirming that notices via email/WhatsApp are valid and that procedural requirements must be met for notice validity Rajendra VS State of U. P. - Allahabad, Rajiv Malhotra VS State of Uttar Pradesh - Allahabad.
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Procedural Requirements - The summoning order must include details like cheque number, date, notice sending date, and mode of sending. Failure to include these details can lead to the dismissal of applications to quash proceedings Rakesh Upadhyay VS State of Uttar Pradesh - Allahabad.
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Overall Conclusion - The courts have consistently upheld that electronic notices (email and WhatsApp) are valid for proceedings under Section 138 NI Act, provided all procedural conditions are satisfied. Applications to quash based solely on the mode of notice have been dismissed, emphasizing adherence to statutory requirements Rakesh Upadhyay VS State of Uttar Pradesh - Allahabad, Rajendra VS State of U. P. - Allahabad, Rakesh Upadhyay Vs. State Of U.P. And Another - Allahabad, Rajendra Vs. State of U.P. and Another - Allahabad.
References: - Judgment dated 25.01.2024 in Application U/S 482 No. 45953 of 2023 - Orders in Application U/S 482 No. 29097 of 2023 and related cases - Court observations on procedural compliance for notices via email and WhatsApp
Search Results for "Application U s 482 no 45953 of 2023"
2024 0 Supreme(All) 690 • India - Allahabad
ARUN KUMAR SINGH DESHWAL
State of Uttar Pradesh and another in Application U/S 482 No.45953 of 2023 by judgment dated 25.01.2024 has already held that written notice mentioned under Section 138 N.I. Act includes notice through e-mail or Whatsapp. ... State of Uttar Pradesh and another in Application U/S 482 No.45953 of 2023. (VII) Apart from the above conditions, the cheque number and date, date of sending the notice and mode of sending the notice must also be mentioned in t....
2024 0 Supreme(All) 137 • India - Allahabad
ARUN KUMAR SINGH DESHWAL
Fact of the Case: The applicant filed an application to quash the summoning order and ... Final Decision: The present application was dismissed, with the applicant being free to raise the issue of ... State of U.P. and Another) vide order dated 31.01.2020 and another judgment of the co-ordinate Bench of this court in Application u/s 482 No.29097 of 2023 (Santosh Kumar Shrivastava Vs. State of U.P. and Another) vide order dated 21.08.2023. ... The present application....
• India - Crimes
ARUN KUMAR SINGH DESHWAL
(Paras 24 and 25) Result: Application dismissed. ... Act – However, applicant can rebut this presumption during trial – Application dismissed. ... Instruments Act, 1881 – Sections 138, 139 and 94 – General Clauses Act, 1897 – Section 27 – Criminal Procedure Code, 1973 – Section 482 ... State of U.P. and another; Application under Section 482 No. 45953 of 2023 that notices, sent through email and WhatsApp are valid notices for the purpose of Section 138 N.I. Act. ... ....
2024 0 Supreme(All) 708 • India - Allahabad
ARUN KUMAR SINGH DESHWAL
Final Decision: The application to quash the summoning order and proceedings was dismissed, affirming the ... State of Uttar Pradesh and another; Application under Section 482 No. 45953 of 2023 that notices, sent through email and WhatsApp are valid notices for the purpose of Section 138 N.I. Act. ... Accordingly, the application is dismissed. 29. ... Apart from the above, we are of the opinion that the application filed by the respondent was an application....
2024 Supreme(Online)(ALL) 930 • India - High Court of Allahabad
Hon'ble Arun Kumar Singh Deshwal,J.
and another in Application U/S 482 No.45953 of 2023 by judgment dated 25.01.2024 has already held that written notice mentioned under Section 138 N.I. Act includes notice through e-mail or Whatsapp. ... State of U.P. and another in Application U/S 482 No.45953 of 2023. (VII) Apart from the above conditions, the cheque number and date, date of sending the notice and mode of sending the notice must also be mentioned in the summoning order. 12....
2024 Supreme(Online)(ALL) 4002 • India - High Court of Allahabad
Hon'ble Arun Kumar Singh Deshwal,J.
2024 Supreme(Online)(ALL) 226 • India - High Court of Allahabad
Hon'ble Arun Kumar Singh Deshwal,J.
State of U.P. and another; Application under Section 482 No. 45953 of 2023 that notices, sent through email and WhatsApp are valid notices for the purpose of Section 138 N.I. Act. ... Apart from the above, we are of the opinion that the application filed by the respondent was an application for recall of the order dated 2-9-2003 and not for review. In Asit Kumar Kar v. ... The instant application has been filed to quash the impugned summoning order dated 16.8.....
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