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https://www.lawyersclubindia.com/articles/Procedure-for-Complaint-Filed-U-Sec-138-N-I-Act-3452.asp
A).UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT.SEC.138 A LEGAL NOTICE ON BEHALF OF COMPLAINENT IS ISSUED TO THE DEFAULTER WHOSE CHEQUE IS DISHONOURED.IT SHOULD BE ISSUED WITHIN 15 DAYS OF DISHONOUR OF CHEQUE BY REGISTERED POST A.D.ALL FACTS INCLUDING THE NATURE OF TRANSACTION, AMOUNT OF …
http://www.aaptaxlaw.com/Legal-Formats/Format-of-Complaint-u-s-138-Negotiable-Instruments-Act-return-of-cheque-Download-Complaint-format.html
That the accused is guilty of offence under Section 138, Negotiable Instruments Act and is also liable to be prosecuted under Section 420 of the Indian Penal Code. That in view of the facts and circumstances, the complainant has a cause of action and right to file the present complaint.
https://www.mondaq.com/india/Criminal-Law/779880/Amendment-To-Complaint-Under-Section-138-Of-Negotiable-Instruments-Act-1881-Myth-Or-Reality
Offence under Section 138 NI Act being person specific, where a complaint/ complainant fails to disclose specific averments against Company, Courts would refuse to take cognizance on the complaint.
https://archanabala.com/2017/09/28/section-138-of-the-negotiable-instruments-act-1881/
Sep 28, 2017 · The Apex court in a recent judgement held that any failure to include the company as an Accused in the complaint, filed under section 138 of the Negotiable Instruments Act, 1881 of dishonour of a cheque issued by a company, would be fatal to the prosecution of such company even if the complaint filed against the signatory of the cheque has been duly complied with.
https://blog.ipleaders.in/negotiable-instruments-act-section-138/
Section 138 of the Negotiable Instruments Act, 1881 provides for circumstances under which a case for dishonour of cheques is filed. It states that a cheque has to be presented to the bank within 6 months from the date on which it was drawn or within a period of its validity whichever is earlier.Author: Sanjana Tripathy
https://www.legalhelplineindia.com/section-138-of-negotiable-instruments-act/
May 18, 2019 · The essential requirements to attract section 138, Negotiable Instruments Act are: (a) The cheque for an amount is issued by the drawer to the payee / complainant on a bank account maintained by him. (b) The said cheque is issued for the discharge, in whole or in part of any debt or other liability.
http://www.aaptaxlaw.com/IPC/How-to-file-complaint-against-cheque-return-Time-Limit-Procedure-Section-138-NI-Act.html
If the drawee send legal notice for payment of cheque amount against returned cheque, and the drawer does not pay the amount of cheque within 15 days of receipt of the notice, the drawer can file a criminal complaint under section 138 of Negotiable Instruments Act, 1881 within next one month in the court where the cause of action has taken place.
https://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Apr 24, 2013 · Supreme Court has held time and again that a cause of action for filing a complaint under section 138 accrues to the drawee of a cheque only after a notice is issued to the drawer within the prescribed period after receipt of information by him regarding the dishonour of cheque and the subsequent failure of the drawer to make the cheque payment within the prescribed time, i.e. 15 days from the receipt of notice …
http://mja.gov.in/Site/Upload/GR/Workshop%20Summary%208-11-2014%20Criminal%20Side-Gadchiroli.pdf
applies to cases under Section 138 of the Negotiable Instruments Act. Prosecution in such cases can, therefore, be launched against the drawer of th cheque only before the Court within whose jurisdiction the dishonour takes place except in situations where the offence of dishonour of the cheque punishable under Section 138 is committed
https://www.lawyersclubindia.com/forum/Format-of-complaint-in-section-138-cheque-dishonour-case-4571.asp
Jun 08, 2016 · Therefore, all the accused have committed the offense under section 138 of the Negotiable Instruments Act, 1881. 11. That the complainant company had sent a registered legal notice to the accused No.1 company within the time limit prescribed by the Negotiable Instruments Act, 1881 and the accused had not made the payment within 15 days of the receipt of the notice thereof.
https://www.scconline.com/blog/post/2019/05/07/dishonour-of-cheque-s-138-ni-act-and-allied-sections/
May 07, 2019 · A complaint under Section 138 can be made not only when the cheque is dishonoured for reason of funds being insufficient to honour the cheque or if the amount of the cheque exceeds the amount in the account, but also where the drawer of the cheque instructs its bank to “stop payment”.
https://indianlegalaid.blogspot.com/p/procedure-for-filing-complaint-under.html
Procedure For filing Complaint Under Section 138 Negotiable Instrument Act a)Under provisions of negotiable instruments act.sec.138 a legal notice on behalf of complainant is issued to the defaulter whose cheque is dishonored. It should be issued within 15 days of dishonor of cheque by RPAD.
https://tilakmarg.com/opinion/death-of-complainant-in-cheque-bouncing-138-n-i-act-complaint-case/
Oct 15, 2018 · A case under Section 138 of the Negotiable Instruments Act, 1881 is filed when a cheque bounces and is dishonored. It is an offence punishable with imprisonment upto two years, or with fine upto twice the cheque amount, or both.Author: Alabhya Dhamija
https://indiankanoon.org/doc/1823824/
Section 138 in The Negotiable Instruments Act, 1881. 18 [ 138 Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from …
https://lawyerslaw.org/how-to-prepare-a-complaint-under-section-138-of-negotiable-instrument-act-1881/
Mar 08, 2015 · Section 138 of Negotiable Instruments Act states about the dishonour of cheque for insufficiency of funds in the account. A pleader in whose favour vakalatnama has been executed by the complainant is competent to file the complaint in the court under this Section.
https://www.mondaq.com/india/Litigation-Mediation-Arbitration/433334/Section-138-Negotiable-Instruments-Act-1881--An-In-Depth-Analysis
It is manifest from the law laid down in the aforementioned judgment that the cause of action for filing a complaint under Section 138 of the Act may also be at a place where the drawer of the cheque resided or the place where the payee resided for the place where either of them carried on business or the place where payment was to be made.Author: Agrima Sharma
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