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1 - 9 of 9 (0.30 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 315 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 357 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
C.C. Alavi Haji vs Palapetty Muhammed & Anr on 18 May, 2007
10/ The Hon'ble Apex Court in the case of C.C. Alavi Haji Vs.
Palapetty Muhammed reported in 2008(1) MPLJ SC 441 has held that
before filing the complaint under Section 138 of the NI Act, giving a demand
notice to the drawer in terms of Clause (b) of the proviso to Section 138 of the
NI Act is mandatory. In the instant case complainant/respondent Santosh
Kumar has categorically stated that he has sent a notice (Ex.P/3) to the
petitioner by registered post and postal receipt is Ex.P/4 and postal
acknowledgement is Ex.P/5, which was signed by the petitioner. Defence
witness Biharilal also admits that notice sent by the complainant has been
received on 17.8.2011 by the petitioner, but they did not reply to the same.
Therefore, contention of learned counsel for the petitioner that there was no
transaction between both the parties, cannot be relied upon.
The Code of Criminal Procedure, 1973
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