Negotiable Instruments Act, 1881, Ss.138, 142, Criminal Procedure Code, 1973, S.482, — Dishonour of cheque - Quashing of complaint - Where complainant’s own averments disclose that statutory notice u/s 138(b) of N.I. Act was issued beyond thirty days from receipt of information of dishonour, continuation of proceedings would be...
Negotiable Instruments Act, 1881, S.138 — Dishonour of cheque - Issuance of a written demand notice within thirty days from the date of receipt of bank’s information of dishonour is a substantive statutory precondition and not a mere procedural formality and unless fulfilled offence u/s 138 of N.I....
Negotiable Instruments Act, 1881, S.138 — Dishonour of cheque - Demand notice - Limitation - On the complainant’s own showing, information regarding dishonour was received on 29.07.2017 excluding that date, limitation commenced on 30.07.2017 and expired on 28.08.2017 - Notice issued on 29.08.2017 was beyond...
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.482, — Dishonour of cheque - Quashing of complaint - Objection limited to admitted dates and statutory precondition of issuing notice within limitation is a pure question of law discernible from complaint itself and can be...
Negotiable Instruments Act, 1881, Ss.138, 139, 118 — Dishonour of cheque - Presumption — Presumptions as to consideration and issuance do not arise for decision when complaint itself discloses non-fulfilment of mandatory precondition u/s 138(b) of the Act, relegation to trial would serve no useful purpose. (Para 8)
Criminal Procedure Code, 1973, S.482 - Quashing of proceedings - Where admitted pleadings demonstrate failure to satisfy a mandatory statutory requirement, continuation of criminal proceedings would be an empty formality and inherent powers are to be invoked to secure ends of justice. (Para 12)
