AI Overview...
-
Notice of Dishonour - The court emphasizes that under the Negotiable Instruments Act, notice of dishonour must be sent in writing, preferably by Registered Post or Certificate of Posting with Acknowledgment, and there is no legal bar to sending notices via Certificate of Posting C. E. I. Consultancy VS Modi World Infotech - Dishonour Of Cheque, Shyam Lal Jain VS Keval Chand Jain - Dishonour Of Cheque, Indian Bank, Secunderabad VS Boorugu Nagaiah Rajanna - Dishonour Of Cheque, Indian Bank, Secunderabad VS Boorugu Nagaiah Rajanna - Andhra Pradesh.
-
Timing of Notice - The cause of action for sending notice under Section 138 begins from the day after the receipt of the dishonour notice or intimation of dishonour. The period between receipt and sending of notice is considered a reasonable time, and delays beyond this can affect the validity of the proceedings K. C. Rajesh VS T. K. Santhakumar - Dishonour Of Cheque, Indian Bank, Secunderabad VS Boorugu Nagaiah Rajanna - Andhra Pradesh.
-
Filing of Cases - A case under the Negotiable Instruments Act can be filed the next day after sending the notice, provided the notice has been properly sent and received. The legal requirement is that the notice should be sent within a reasonable time after dishonour and receipt of information about dishonour Shyam Lal Jain VS Keval Chand Jain - Dishonour Of Cheque, C. E. I. Consultancy VS Modi World Infotech - Dishonour Of Cheque.
-
Legal Proceedings and Quashing - Courts have held that the filing of criminal complaints under Section 138 can proceed if the statutory notice has been properly issued and received, and that pending civil suits do not bar criminal proceedings Meghla Biswas VS STATE OF WEST BENGAL - Calcutta.
-
Legal Presumptions - Section 118 of the Act presumes that a negotiable instrument was made for consideration, and proper notice is essential to initiate the criminal proceedings for dishonour Tirigedala Ramanayya VS Chenuthala Apparao - Andhra Pradesh.
-
Summary - Filing a case under the Negotiable Instruments Act the next day after sending notice is permissible if the notice has been properly issued, received, and sent within the stipulated time. Proper documentation of notice via registered post or certificate of posting is crucial for the validity of the case C. E. I. Consultancy VS Modi World Infotech - Dishonour Of Cheque, Shyam Lal Jain VS Keval Chand Jain - Dishonour Of Cheque, Indian Bank, Secunderabad VS Boorugu Nagaiah Rajanna - Dishonour Of Cheque.
Conclusion: A case under the Negotiable Instruments Act can be filed the next day after sending the statutory notice, provided the notice has been correctly issued and received, aligning with legal requirements and judicial precedents.
Search Results for "Case under Negotiable Instrument Act is Filed Next Day of Sending Notice"
• India - Dishonour Of Cheque
C.Y.SOMAYAJULU
Instruments Act - The court discussed the requirement of sending notice in writing to the drawer of the cheque demanding payment ... It emphasized that the notice of dishonour should be sent by Registered Post and that sending notice by Certificate of Posting and ... Ratio Decidendi: The court emphasized the permissibility of sending notice by Certificate of Posting and Registered Post Acknowledgment ... There is no bar for a person sendin....
• India - Dishonour Of Cheque
SAMUDRALA GOVINDARAJULU
The complainant could have asked the lower Court to record his sworn statement on the next day or the lower Court could have returned ... of cheque—Order of acquittal on findings that complaint was pre-mature—Appeal—Statutory notice at 17.4.2005 on return of cheque ... was sent by registered post on 19.4.2005 as well under certificate of posting—Notice was received by accused on 22.4.2005 and reply ... The complainant/appellant filed complaint in the lower Court against the accused alleging offence puni....
2023 0 Supreme(AP) 185 • India - Andhra Pradesh
V. R. K. KRUPA SAGAR
instrument certain special rules of evidence are provided in Chapter 13 of Negotiable Instrument Act, 1881 - Section 118 of Negotiable ... Instrument Act states that a Court shall presume that every negotiable instrument was made or drawn for consideration and shall ... Civil Procedure Code,1908 - Section 100 - Negotiable Instrument Act, 1881 - Section 87 and 118 - Indian ... Sec....
2010 0 Supreme(Cal) 1136 • India - Calcutta
ASHIM KUMAR ROY
Fact of the Case: Petitioner, facing trial under Section 138 of the Negotiable Instruments Act, sought to quash the ... NEGOTIABLE INSTRUMENTS ACT - SECTION 138 - QUASHING OF COMPLAINT - STAY OF PROCEEDINGS - CIVIL SUIT PENDING - NO MERIT - CRIMINAL ... Whether the complaint under Section 138 of the Negotiable Instruments Act should be quashed due to a pending civil suit? 2. ... Both the parties are directed to be present before the Trial Court with notice to each o....
• India - Dishonour Of Cheque
D.S.R.VERMA, S.V.MARUTHI
of notice of dishonour to be issued under the Act. ... Fact of the Case: The plaintiff bank filed a suit against the defendants, a partnership firm and its partners, for ... NEGOTIABLE INSTRUMENTS ACT, 1881 - SECTION 106 - NOTICE OF DISHONOUR - REASONABLE TIME - WAIVER - INTEREST - RATE OF INTEREST ... "time is an element of the utmost importance in regard to the due sending of notice of dishonour. Notice may be given as soon as t....
2019 0 Supreme(Bom) 1456 • India - Bombay
S.M.MODAK
Instrument Act. ... Section 138 of Negotiable Instrument Act is punishable with either two years imprisonment or twice the amount of cheque as a fine ... The acknowledgment for sending of notice to accused Nos. 1, 3 and 4 have been duly exhibited. ... Section 138 of Negotiable Instrument Act is punishable with either two years imprisonment or twice the amount of cheque as a fine or with both. The case#HL_....
• India - Dishonour Of Cheque
K.RAMAKRISHNAN
sending notice under Section 138(b) of the Act. ... If these principles are applied, then the cause of action for sending notice will start from the next day of receipt of the intimation ... notice is the question to be considered in this case. ... If these principles are applied, then the cause of action for sending notice will start from the next day of receip....
2025 Supreme(Online)(Mad) 66181 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED, J
A complaint was filed under Section 138 due to non-payment. Legal notices exchanged with allegations from both sides. ... ... ... Result: Criminal Revision Case dismissed. ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 438 and 442 - Negotiable Instruments Act, 1881 - Section 138 and 139 - Revision ... The Respondent had issued a legal notice, dated 14.02.2018, for which, a reply notice, dated 26.02.2018 was sent by the Revision Petitioner. ... In the mean time, the Media....
2016 0 Supreme(Cal) 1091 • India - Calcutta
TAPASH MOOKHERJEE
The opposite party filed a complaint under Section 138 of the Negotiable Instrument Act. ... The court found that there is no legal bar to sending the same demand notice to the petitioners in both their addresses. 3. ... Instrument Act. ... The Opposite Party thereafter served demand notice upon the Petitioners demanding the money. But the Petitioners did not make payment in response to the demand notice. Hence, th....
1999 0 Supreme(AP) 952 • India - Andhra Pradesh
S.V.MARUTHI, D.S.R.VERMA
Act, when a party entitled to notice, knowing facts, promises unconditionally to pay amount, due on instrument, notice of dishonour ... under instrument, then it is not necessary to issue notice of dishonour - As pointed out in earlier paragraphs, goods were despatched ... of suit, not before expiry of reasonable period of notice of dishonour to be issued under Act - Therefore, there is no question ... "time is an element of the utmost importance in regard to the due ....
Filter by Legal Phrase
