Supreme Court: Compassionate Appointees Cannot Later Claim Entitlement to a Higher Post  ||  NCLAT New Delhi: Insolvency Pleas Cannot Be Admitted When Information Utility Records Show a Dispute  ||  NCLAT: Issuing Cheques For Another Entity’s Liabilities Does not Constitute Operational Debt  ||  NCLAT: SEBI Penalties Imposed After Liquidation Begins are Not Admissible as Claims  ||  NCLT Reiterates That an Auction Purchaser is Not Liable For a Corporate Debtor’s Electricity Dues  ||  Delhi HC Upholds Interim Injunction Against 'Power Flex' in Bata’s Trademark Infringement Case  ||  Calcutta High Court: Mere Presence of Alcohol in Post-Mortem Cannot Bar Compensation to Heirs  ||  Kerala High Court: Review Petition Cannot Be Entertained Against an Order Refusing Arbitration  ||  J&K High Court: Umadevi Judgment Does not Justify Perpetual Temporary Employment  ||  SC: Public Premises Act Prevails over State Rent Laws For Evicting Unauthorised Occupants    

Rajesh Kumar Gupta v. State of U.P. and Ors. - (High Court of Allahabad) (17 Aug 2015)

No necessity for complaint to aver actual date of service of notice against dishonoured cheque

MANU/UP/1009/2015

Banking

If the complaint contains the date of issuance of registered notice, merely not containing the date of receipt of information from the bank regarding the return of cheque as unpaid is not to be of much consequence. It was claimed by the Applicant (drawer of the cheque) that by not mentioning the date of service of notice in the complaint, no cause of action had been disclosed by the complainant. The Court held that once it was alleged that a registered notice was sent to the address of the drawer of the cheque, it was deemed to have been served or the addressee is deemed to have the knowledge of the notice.

Relevant : C.C. Alavi Haji v. Palapetty Muhammed and another MANU/SC/2263/2007 State of M.P. v. Hiralal and Ors. MANU/SC/1388/1996

Tags : BANKING   CHEQUE   DATE OF SERVICE   NOTICE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved