Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured thrice - Cheque dishonoured lastly on 22.04.2014 - Legal notice was served on 08.05.2014 and compliant filed on 02.06.2014 - Held, in no way it can be said that either the legal notice was not within limitation or that complaint was time barred...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of first legal notice is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Delay in filing complaint - Legal notice must be issued by complainant to accused within a period of 30 days of receipt of information by him from bank regarding return of cheque - In case, drawer of cheque fails to make payment of amount of cheque in dispute, within a period of 15 days of..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days of service of notice - Complaint is not maintainable - Complaint and subsequent proceedings quashed - However, complainant may file fresh complaint within one month from date of order - Delay in filing complaint would be treated as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 10 days in filing complaint u/s 138 of the Act - Condonation - Complainant issued statutory notice to accused which was received by her on 5.09.2005 - On receipt of notice, accused sent reply notice on 26.09.2005 - Thereafter, complainant was bed ridden due to some serious ailment - Even,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - As per accused, demand notice not received by him as it was sent on wrong address appears to be incorrect as summons by Court which were sent at the same address, were received by him - Moreover, notice which was sent by UPC did not return, which indicates that it was duly served - Both..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued precisely to secure the debt/liability that may arise under contract on account of accused undertaking the share sale/purchase transactions on credit basis through complainant broker - Cheque in question when presented was in respect of a..........
