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    <title>1999 (5) TMI 580 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=155892</link>
    <description>Issuance of notice under proviso (b) to s.138 NI Act was held satisfied where the payee transmitted the demand notice by fax and the drawer admittedly received it the same day; the 15-day payment period commenced from such receipt, and the offence stood completed on its expiry if payment was not made. The SC further held that ss.138 and 142 contemplate only one cause of action for dishonour of a cheque; a subsequent dishonour and fresh notice cannot generate successive causes of action or revive prosecution once the initial offence is complete. As the complaint was filed beyond one month from accrual of cause of action, the court lacked jurisdiction to take cognizance and the prosecution was barred.</description>
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    <pubDate>Mon, 03 May 1999 00:00:00 +0530</pubDate>
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      <title>1999 (5) TMI 580 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=155892</link>
      <description>Issuance of notice under proviso (b) to s.138 NI Act was held satisfied where the payee transmitted the demand notice by fax and the drawer admittedly received it the same day; the 15-day payment period commenced from such receipt, and the offence stood completed on its expiry if payment was not made. The SC further held that ss.138 and 142 contemplate only one cause of action for dishonour of a cheque; a subsequent dishonour and fresh notice cannot generate successive causes of action or revive prosecution once the initial offence is complete. As the complaint was filed beyond one month from accrual of cause of action, the court lacked jurisdiction to take cognizance and the prosecution was barred.</description>
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      <pubDate>Mon, 03 May 1999 00:00:00 +0530</pubDate>
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