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Stories with the ‘ tag ‘ you searched for "Dis-honour of Cheque"
Breaking; Complaint for Dis-honour of Cheque [S.138 NI ACT] is not maintainable before the expiry of 15 Days Notice Period. Remedy is not to re-present but to file fresh Complaint. Jt in Narsingh Das Tapadia (2000)Overruled [Read the Judgment]
Breaking; Dis-honour of "AT PAR" Cheque; Complaint can be filed in the Court within whose local jurisdiction the nearest available branch of Drawer's bank situated. SC Judgment in Dashrath v. State is not applicable to "AT PAR" Cheques [Read the Judgment]
The Judgment in Dashrath Rupsingh Rathod regarding the Territorial Jurisdiction in Cheque Bouncing Case is Prospective only ; the category of cases where proceedings have gone to the stage of Section 145(2) or beyond will continue in the Courts where it is now pending;