As per apnaqanoon,It is important to note that, the limitation period of 30 days is mandatory and the payee must send a legal notice before filing a complaint under Section 138 of the NI Act, if the cheque was dishonoured.
As per apnaqanoon,Negotiable Instruments Act,say legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.
As per apnaqanoon,The requirement of giving of notice is mandatory. If no notice making a demand for payment is served upon the drawer within 30 days from the date of dishonour of cheque, a complaint is not maintainable unless the complainant satisfies the Court that he had sufficient cause for not making a complaint within…
As per apnaqanoon,assuance of cheque dishonestly is an offence under the statute both civil and criminal remedies could be availed simultaneously in such matters. Punishment on bouncing of cheque is imprisonment which may extend to 3 years and with fine.
As per apnaqanoon, there are several cheque bounce reasons to be considered such as incorrect date mentioned on the cheque, signature mismatch, mismatch of the amount and figures, damaged cheque, overwriting of the cheque, etc. The principal reason for a cheque bounce is insufficient funds.
As per apnaqanoon“ Ingredients Of 489 F A perusal of section 489-F P.P.C. … (i) Issuance of cheque. (ii) Such issuance was with dishonest intention; (iii) the purpose of issuance of cheque should be. (a) to repay a loan;
As per apnaqanoon,Magistrate can discharge the accused at the time of rem and. Fifteen days rem and should not be allowed at one stretch. Rem and in absence of accused is not only illegal but also violation of article 10 of the Constitution of Pakistan.
As per apnaqanoon, There are two kinds of rem and, one is physical rem and and second is judicial rem and. Physical custody of the accused is called in common language as physical rem and i.e when an accused is sent to custody of police, by magistrate, it is called physical rem and.
As per apnaqanoon,Section 167 of the CODE OF CRIMINAL PROCEDURE, 1898 (PAKISTAN) Chapter XXV of Police Rules, 1934. Lexically: rem and means to send a prisoner back to the custody, the act of sending back (a prisoner) into custody.
As per apnaqanoon,Sec311 PPC, which says that for the purpose of section 311 PPC, the expression fasad fil Arz shall include the past conduct of the offender, or whether he has any previous conviction or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience or…