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        Case ID :
        Indian Laws

        Legal notice for dishonor of cheque due to insufficient funds...

        Legal notice for dishonor sent on 19.12.2018. Complaint filed on 14.1.2019 before 15 days' response period, no offense u/s 138 NI Act.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Legal notice for dishonor of cheque due to insufficient funds was sent on 19.12.2018. Presuming service within 30 days, it should be deemed served by 17.1.2019. However, complaint was filed on 14.1.2019, before expiry of 15 days for response, hence no offense u/s 138 of Negotiable Instruments Act, 1881 was attracted. Complaint filed by power of attorney holder in own name, not as payee's attorney. No cause of action arose due to failure to assert service of notice and presumption after 30 days. Proceedings of criminal complaint case u/s 138 quashed, application u/s 482 CrPC allowed.
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