https://www.taxtmi.com/caselaws?id=755638 The Allahabad HC quashed proceedings under Section 138 of the Negotiable Instruments Act, 1881 in a dishonored cheque case. The court found that the legal notice sent on 19.12.2018 would be deemed served within 30 days (by 17.1.2019), but the complaint was filed prematurely on 14.1.2019, before the mandatory 15-day response period expired. Additionally, the power of attorney holder filed the complaint in his own name rather than as the payee's representative. Since no offence was constituted on the complaint filing date and proper authorization was lacking, the criminal proceedings were quashed under Section 482 CrPC. en-us Tue, 09 Jul 2024 00:00:00 +0530 Wed, 17 Jul 2024 08:04:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755638 The Allahabad HC quashed proceedings under Section 138 of the Negotiable Instruments Act, 1881 in a dishonored cheque case. The court found that the legal notice sent on 19.12.2018 would be deemed served within 30 days (by 17.1.2019), but the complaint was filed prematurely on 14.1.2019, before the mandatory 15-day response period expired. Additionally, the power of attorney holder filed the complaint in his own name rather than as the payee's representative. Since no offence was constituted on the complaint filing date and proper authorization was lacking, the criminal proceedings were quashed under Section 482 CrPC. Case-Laws Indian Laws Tue, 09 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755638