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https://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Apr 24, 2013 · when you establish the legal enforceble liability of payer, you can take penal action aganist the payer by filling complaint under section 138, 142 if NI Act, or 420 of I P C, or civil suit basing on the instrument and written agreement. first you decide the content of written stamped paper, then come to the conclusion whether the agreement is hand letter, agreement or promissory note etc. the ...
https://www.thebalancecareers.com/article-138-complaint-ucmj-3332814
Jan 13, 2019 · Under Article 138 of the UCMJ, "any member of the armed forces who believes himself (or herself) wronged by his (or her) commanding officer" may request redress. If such redress is refused, a complaint may be made, and a superior officer must "examine into the complaint."
https://www.lawyersclubindia.com/articles/Procedure-for-Complaint-Filed-U-Sec-138-N-I-Act-3452.asp
for the knowledge of common persons who are involved in false cases of section 138 nii. act must know the following procedure of law :- 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 ...
https://www.lawyersclubindia.com/forum/Format-of-complaint-in-section-138-cheque-dishonour-case-4571.asp
Jun 08, 2016 · Complaint under section 190 of the Criminal procedure code, 1973 for taking cognizance of the offense committed under sections 138, 141 of the Negotiable Instruments Act, 1881. Most respectfully submitted. 1.
https://www.legalhelplineindia.com/legal/notice-format-under-section-138/
Notice Under Section 138 should be sent through registered AD post only. The case under Section 138 of the Negotiable Instruments should be filed within 15 days of receipt of the date of issuance of the Notice Under Section 138. We provide all services of filing cases under Section 138 of the Negotiable Instruments with our team of experts.
http://www.aaptaxlaw.com/Legal-Formats/Format-of-Complaint-u-s-138-Negotiable-Instruments-Act-return-of-cheque-Download-Complaint-format.html
Format of Criminal Complaint u/s 138 of Negotiable Instruments Act against return of cheque. Download in Microsoft word format. Draft format for filing criminal complaint under section 138 of Negotiable Instruments Act is given below to get idea to prepare the complaint.
https://www.legalhelplineindia.com/section-138-of-negotiable-instruments-act/
May 18, 2019 · (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if the complaint is accompanied by the affidavit, and the affidavit and the documents, if any, are found to be in order, take cognizance and direct issuance of summons.
https://indianlegalaid.blogspot.com/p/procedure-for-filing-complaint-under.html
o First, under section 138 of the Negotiable Instruments Act, 1881, a refund of 50% of the total court fees will be made when the complainant withdraws a complaint, or when the offence was compounded, before framing of particulars/charges, provided the claim is made within one …
https://www.quora.com/What-is-the-limitation-for-filing-a-complaint-if-the-notice-under-Section-138-b-NI-Act-was-refused-by-the-drawer-of-the-cheque
Limitation is an important aspect for initiating proceedings u/s 138 of negotiable instruments act. You have to send a legal notice within 30 days from the date of return (dishonour) of cheque asking the noticee to pay the amount within 15 days. O...
https://www.mondaq.com/india/Criminal-Law/779880/Amendment-To-Complaint-Under-Section-138-Of-Negotiable-Instruments-Act-1881-Myth-Or-Reality
Godfather Travels and Tours Private Limited 7, the point for determination before the Hon'ble Supreme Court was whether a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 ("NI Act") was maintainable against a Director or Authorized signatory of a company, without joining the company as an accused ...
http://www.aaptaxlaw.com/IPC/How-to-file-complaint-against-cheque-return-Time-Limit-Procedure-Section-138-NI-Act.html
Return of Cheque, How to File Criminal Complaint with Court? Time Limit and Procedure under Section 138 of Negotiable Instruments Act . When a cheque is returned unpaid one should not wait to get the payment according to the convenience of the party issued the cheque.
https://www.latestlaws.com/latest-news/cheque-bounce-and-cheating/
Supreme Court also observed "Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side for the offences alleged. Equally, mere filing of a suit or complaint filed under Section 138 of the N.I. Act, 1881 by itself is no ground to quash the ...
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 ...
https://www.latestlaws.com/articles/section-138-ni-act-position-of-law-on-cheque-bounce-and-punishment-in-india-by-akanksha-yadav/
In Hari Ram Sariwala v State of Jharkhand, High Court dismissed the complaint filed under section 138 on the basis that filling an amount and date on a cheque is a material change. Thus, when appellant failed to prove that blank cheque was handed to him, considering the materials changes court counted cheque as invalid and didn’t implement ...
https://www.mondaq.com/india/Finance-and-Banking/812822/Section-138-Of-Negotiable-Instruments-Act-Overview
If the accused, denies the charges then he will be served with the copy of complaint. The Complainant may present his evidence by way of affidavit and produce all documents including the original in support of his complaint. The complainant will be cross examined by the accused or his counsel. ... Offence under Section 138 of the Act is ...
https://indiacorplaw.in/2017/08/supreme-court-prosecuting-company-cheque-dishonour.html
Aug 31, 2017 · The Supreme Court in N. Harihara Krishnan v. J. Thomas ruled yesterday on certain procedural aspects relating to the offence under section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) of dishonour of a cheque issued by a company. It held that any failure to include the company as an accused in the complaint […]
http://www.nishithdesai.com/information/research-and-articles/nda-hotline/nda-hotline-single-view/article/supreme-court-section-138-of-the-ni-act-is-self-contained-crpc-is-not-applicable-to-dishonour-of-c.html
Supreme Court has held that: The concept of “taking cognizance of the offence but not the offender” in the context of the Code of Criminal Procedure, 1973 (“CrPC”), is not applicable to proceedings under Section 138 of the Negotiable Instruments Act 1881 (“NI Act”).Section 138 is self-contained in so far as it creates an offence and prescribes the punishment;
https://www.livelaw.in/top-stories/cheque-bounce-complaint-quashing-disputed-questions-facts-152595
Feb 11, 2020 · The Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act cannot be quashed when disputed questions of …
https://blog.ipleaders.in/negotiable-instruments-act-section-138/
(Criminal Appeal No. 1437 of 2013), the Supreme Court held that Power of Attorney can file a complaint under Section 138 of Negotiable Instruments Act, 1881 provided that he must specifically plead and support the complaint by relevant documents. If the Power of Attorney does not know about the transactions of the company then he/she will ...Author: Sanjana Tripathy
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