Step 1
Enter your contact details.
AIR 2017 SC 1681
::2017 CRI. L. J. 2838
Supreme Court Of India
(From : Kerala)*
Hon'ble Judge(s):
N. V. Ramana,
Prafulla C. Pant
, JJ
Negotiable Instruments Act (26 of 1881) , S.138 Proviso(b), S.142— Demand notice - First notice sent by regd. post at correct address within stipulated period of 15 days - Deemed to have been served - Second reminder notice cannot be construed as admission of non-service of first notice. General Clauses Act (10 of 1897) , S.27— Evidence Act (1 of 1872) , S.114(f), S.17— Cri. Revision Petition No. 644 of 1995, D/- 6-10-2003 (Ker), Reversed. Where first notice was issued by complainant within time to correct address of drawer, case of complainant cannot be rejected on ground that second notice was issued beyond period of limitation i. e. 15 days from date of receiving dishonour intimation from bank under Clause (b) of proviso to Section 138 of the N.I. Act. Second notice could be construed as a reminder of drawer's obligation to discharge his liability. As complaint, was filed within stipulated time contemplated under Clause (b) of Section 142 of the N.I. Act, therefore Section 138 r/w section142 of N.I. Act is attracted. From perusal of relevant sections, it is clear that generally there is no bar under the N.I. Act to send a reminder notice to drawer of cheque and usually such notice cannot be construed as an admission of non-service of the first notice by complainant.(Para 9 15 16) ....
Buy and Download By Entering Following Details (Worth /-)
Step 2
Enter your payment details
J
