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M/S. Harman Electronics (P) Ltd. & Anr vs M/S. National Panasonic India Ltd on 12 December, 2008
cites
State Of Punjab vs Amar Singh Harika on 6 January, 1966
"33. The decision of this Court in Khemi Ram
[(1969) 3 SCC 28] relied upon by Mr. Bachawat is
not apposite as therein an order of suspension was
in question. This Court in the said decision itself
referred to its decision in State of Punjab v. Amar
Singh Harika [AIR 1966 SC 1313], which stated
that communication of an order dismissing an
employee from service is imperative. If
communication of an order for terminating the
jural relationship is imperative, a fortiori it would
also be imperative at the threshold."
The Code of Criminal Procedure, 1973
Section 177 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 178 in The Code of Criminal Procedure, 1973 [Entire Act]
K. Bhaskaran vs Sankaran Vaidhyan Balan And Anr on 29 September, 1999
9. Reliance has been placed by both the learned Additional Sessions
Judge as also the High Court on a decision of this Court in K. Bhaskaran v.
Sankaran Vaidhyan Balan and Anr. [(1999) 7 SCC 510]. This Court opined
that the offence under Section 138 of the Act can be completed only with
the concatenation of a number of acts, namely, (1) Drawing of the cheque,
(2) Presentation of the cheque to the bank, (3) Returning the cheque unpaid
by the drawee bank, (4) Giving notice in writing to the drawer of the cheque
demanding payment of the cheque amount, (5) failure of the drawer to make
payment within 15 days of the receipt of the notice. It was opined that if
five different acts were done in five different localities, any one of the
courts exercising jurisdiction in one of the five local areas can become the
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place of trial for the offence under Section 138 of the Act and the
complainant would be at liberty to file a complaint petition at any of those
places. As regards the requirements of giving a notice as also receipt
thereof by the accused, it was stated:
Article 142 in Constitution of India [Constitution]
State Of Punjab vs Khemi Ram on 6 October, 1969
17. The distinction between passing of an order which is final and a
communication thereof is not necessary has been noticed by this Court
subsequently in State of Punjab vs. Khemi Ram [(1969) 3 SCC 28] stating: