Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients are: (i) that a person shall drew a cheque on account maintained by him with banker; (ii) that such cheque when presented to bank is returned by bank unpaid; (iii) that such cheque was presented to bank within a period of 6 months from date it was drawn or within the period of its validity..........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - It is pre-mature complaint - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Determination of age of cheque and ink on the cheque - No pleadings or submission in this regard while replying to the notice or making submissions before Court - Moreover, signatures admitted by petitioner and other parameters appearing to be in conformity with provisions of the Act, which deprives..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Offence by company - Where drawer of dishonoured cheque is company, then statutory demand notice shall mandatorily be served on drawer company, but separate individual notices to individual directors and officials of company is not mandatory...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant firm and amount is not filled..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of additional amount - Additional amount mentioned in notice severable from the demanded amount of dishonoured cheque - Notice cannot be said to be invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served upon receiver - Notice sent for the second time - Time will start running from the actual receipt of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Notice issued for the second time and notice served - Complainant could have filed the complaint on the basis of first notice which was returned with endorsement of postman regarding non availability of receiver - However, when due diligence was taken by issuing notice for the..........
