Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—When the complaint under NI Act was dismissed for want of prosecution at the initial stage of issuing summons, then the Court concerned has the authority to recall the same and the bar of Section 362 CrPC will not be applied.
[Para 27]
Section 138—Dishonour of cheque—Conditional cheque—When a conditional cheque is presented before the bank without prior notice and dishonours, even then the liability under Section 138 N.I. Act will be attracted.
[Para 27]
Section 138—Dishonour of cheque—Validity of service of notice through courier—Notice of demand through courier service is valid service for Section 138 NI Act, but the presumption of service under Section 27 of the General Clauses Act cannot be invoked for the notice sent through courier till the amendment is made under Section 27 of General Clauses Act so as to include the courier service apart from registered post
[Para 27]
Section 138—Dishonour of cheque—Validity of service of notice through Whatsapp—Service of notice through WhatsApp under Section 138 NI Act will be deemed to be served as per the procedure of Section 13 of Information Technology Act and no separate rule for prescribing the delivery of service is required.
[Para 27]
Practice and Procedure
Order writing—Order sheets are being written by the concerned Court or concerned official in illegible handwriting, making it difficult to understand what they have written—It is directed to all the District Judges of UP to apprise all their subordinate judicial officers that while writing the order sheet, the order must be written in clearly legible handwriting, or it should be typed.
[Para 29]