AI Overview...
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Wrong Cheque Number in Notice - Courts have generally held that a mistake in mentioning the cheque number in the demand notice does not automatically invalidate the notice, especially if the mistake is genuine and bonafide Nalini Mohanan K. M, W/o. Kunnumpurath Mohanan VS State Of Kerala - Kerala, J.MAGDALENE REJULA Vs K.RAMESH, CHENNAI - Madras, Shyama Patel VS Mehmood Ali - Dishonour Of Cheque, Indian Seamless Financial Services Ltd. VS Shyam Sundar Kejriwal - Calcutta.
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Relevance of the Mistake - The courts emphasize that the primary purpose of the demand notice is to inform the drawer of the dishonour and demand payment. The incorrect cheque number, if not misleading and if other details match, does not affect the validity of the notice Haritha Raksha Enterprises VS Northern Minerals Ltd. - Dishonour Of Cheque, Viswanathan VS Ramachandran Nair - Crimes, Viswanathan VS Ramachandran Nair - Dishonour Of Cheque.
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Court's Jurisdiction and Scope - When the notice contains a wrong cheque number, courts have jurisdiction to examine the facts, but such errors are often considered procedural and not substantive defects, provided the notice sufficiently indicates the dishonour and the transaction involved Shyama Patel VS Mehmood Ali - Dishonour Of Cheque.
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Impact of Typographical or Genuine Mistakes - Courts recognize that errors such as typographical mistakes or wrong cheque numbers are understandable and do not necessarily invalidate the proceedings, especially if the mistake is rectified or acknowledged later UCO BANK VS RAMESH KUMAR GUPTA - Consumer, Pandit Gorelal VS Rahul Punjabi - Dishonour Of Cheque.
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Necessity of Mentioning Cheque Number - The law does not mandate the mention of the cheque number in the demand notice, and even if wrong, the notice remains valid if other details are correct and the drawer is not misled Indian Seamless Financial Services Ltd. VS Shyam Sundar Kejriwal - Calcutta.
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Conclusion - Overall, a mistake in the cheque number in a demand notice under Section 138 of the Negotiable Instruments Act does not automatically render the notice defective or invalid, provided the mistake is genuine, does not mislead the drawer, and other particulars are correctly mentioned. Courts focus on the substance over procedural errors, and such errors can be corrected or overlooked if they do not prejudice the accused Nalini Mohanan K. M, W/o. Kunnumpurath Mohanan VS State Of Kerala - Kerala, J.MAGDALENE REJULA Vs K.RAMESH, CHENNAI - Madras, Haritha Raksha Enterprises VS Northern Minerals Ltd. - Dishonour Of Cheque.
References: - Nalini Mohanan K. M, W/o. Kunnumpurath Mohanan VS State Of Kerala - Kerala - J.MAGDALENE REJULA Vs K.RAMESH, CHENNAI - Madras - Shyama Patel VS Mehmood Ali - Dishonour Of Cheque - UCO BANK VS RAMESH KUMAR GUPTA - Consumer - Haritha Raksha Enterprises VS Northern Minerals Ltd. - Dishonour Of Cheque - Viswanathan VS Ramachandran Nair - Crimes - Viswanathan VS Ramachandran Nair - Dishonour Of Cheque - Oswal Finlease Private Limited VS State of Rajasthan - Crimes - Indian Seamless Financial Services Ltd. VS Shyam Sundar Kejriwal - Calcutta
Search Results for "By Mistake Cheque Noumber is Wrong in Notice"
2020 0 Supreme(Ker) 7 • India - Kerala
R.NARAYANA PISHARADI
Finding of the court: The mistake in Annexure-A3 notice in mentioning the number of ... Negotiable Instruments Act, 1881- Section 138-cheque number in the notice of demand issued in pursuance ... the cheque for the amount of Rs.8,10,000/-does not make the notice defective or invalid. ... However, the complainant had subsequently sent another notice to the petitioner stating that a mistake had occurred in showing t....
• India - Madras High Court
A.D.JAGADISH CHANDIRA, J
Finding of the Court: The court held that the error in the cheque number was a genuine and bonafide mistake based on ... The respondent mentioned the wrong number, 024337, in the legal notice, complaint, and proof affidavit, based on a memorandum from ... ... - All other particulars in the notice and complaint matched. ... notice and complaint. ... 3.The petitioner/accused had filed a counter stating that the cheque #HL_STAR....
• India - Dishonour Of Cheque
SUSHIL KUMAR PALO
of cheque number either in notice or in complaint are concerned, Court would always have jurisdiction to look into the fact and ... complaint—Wrong number on dishonour cheque is of no relevance for drawer to pay amount covered by such cheque—So far as wrong mention ... Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 482—Dishonour of cheque—Scope of amendment in ... No. 2907/2007 decided on 18.09.20....
• India - Consumer
J.D.KAPOOR, MAHESH CHANDRA
cheque book with the wrong code number, resulting in the return of the cheque. ... wrong code number, resulting in the return of the cheque. ... bank due to a wrong code number. ... Said Cheque No. 772298 issued from his cheque book relating to his account No. 3957 was returned by the State Bank of India, Parliament Street, New Delhi as the cheque remained uncashed because of #HL....
• India - Dishonour Of Cheque
P.S.NARAYANA
complaint was liable to be quashed on account of mistake relating to cheque Nos. in the notice? ... ;Whether proceedings could be quashed on the aspect of retirement of petitioner from firm or that blank cheque ... Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Prosecution—Whether ... The only question which may have to be considered is whether this mistake specified in the notice relating to the cheque number woul....
• India - Dishonour Of Cheque
N.K.MODY
and rightly so as mistake occurred due to typographical error—Petition dismissed. ... Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Respondent ... ’s case that cheque No. 739949 was wrongly mentioned and it should have been 759940—Application for correction allowed by the Magistrate ... No. 1041/2007 decided on 18.3.2008, wherein after placing reliance on number of authorities, this Court has held that mistake of the cheque number was not merely in ....
• India - Crimes
G.RAJASEKHARAN
mistaken number of cheque was not sufficient - To indicate the number of cheque was not necessary in the notice - Mistake in the ... number did not mislead the drawer as there was only one transaction of issuance of cheque - There was sufficient compliance of Section ... Negotiable Instruments Act, 1881 - Section 138 - Acquittal of offence by appellate court on ground that notice of demand having mentioned ... P3 i....
• India - Dishonour Of Cheque
G.RAJASEKHARAN
the notice - Mistake in the number did not mislead the drawer as there was only one transaction of issuance of cheque - There was ... of demand having mentioned mistaken number of cheque was not sufficient - To indicate the number of cheque was not necessary in ... Instruments Act, 1881 - Section 138 - Acquittal of offence by appellate court on ground that notice ... P3 is a proper notice conformi....
• India - Crimes
NISHA GUPTA
in support of same also contains same wrong cheque number—Impugned cheque, return memo from bank and notice which were presented ... But here in the present case, when complainant has been cross-examined, the mistake came to the notice of complainant and application ... it is also true that impugned cheque, return memo from bank and notice which were presented along the complaint bear the cheque
2001 0 Supreme(Cal) 51 • India - Calcutta
Debiprasad Sengupta
The demand notice mentioned a wrong cheque number. ... ACT DOES NOT REQUIRE MENTIONING OF CHEQUE NUMBER IN DEMAND NOTICE - DEMAND NOTICE IS VALID DESPITE WRONG CHEQUE NUMBER IF DRAWER ... in any way by the mentioning of the wrong cheque number in the demand notice. ... Talukdar, only for such a mistake the de....
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