NADEEM QURESHI ADVOCATE
LAW SHOULD BE COMMAN FOR ALL
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Negotiable instrument act
Burden of proof – when the complainant not able to say the date when the amount was given
filing Suit & application by unregistered Money Lender is barred
Negotiable Instruments Act, 1881 – ss. 138 and 142 – Complaint under – Without signature – But verified by the complainant – Maintainability
Complaint through POA is perfectly legal and competent.
The notice of demand was served upon the wife of the appellant and not the appellant, acquittal
Demand Notice should be received by Drawer of the cheque.
If there is dishonour of a cheque issued by way of security and not issued towards discharge of legally enforceable debt or other liability, such dishonour would not come within the purview of Section 138 of the Act.
Payment stopped because of attachment of the bank account by an order of the Court, NI ACt will not be applicable
No complaint under Section 138 is maintainable against the person, who has neither issued the cheque nor the same was issued from her account.
Complaint can not be filed by authorized agent by proprietorship firm without GPA or permission of Court.
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