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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - the pre-condition of filing a complaint ...


Cheque Dishonor Case Dismissed: Statutory Notice Requirement u/s 138 Not Met, Complaint Lacks Validity.

July 13, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - the pre-condition of filing a complaint under Section 138 of the NI Act of sending a statutory notice has not been satisfied in the present case. Therefore, no cause of action arose in favour of the respondent/complainant to file the subject complaint. He, therefore, could not have instituted the complaint nor the trial court could have taken cognizance of the offence and issued process against the petitioner. - HC

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