Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Mere giving of notice by a lawyer at a station other than that of the complainant does not confer jurisdiction on a court to try an offence u/s 138 of the Act at a place where the lawyer resides...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Notice - Cost in addition to cheque amount also demanded - If cheque amount is specifically mentioned in the notice and in addition to that certain other amount is also demanded then notice cannot be held to be invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Components of the offence are : (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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Substantial part of cause of action arose within jurisdiction of Courts at Delhi - Complainant, a public limited company, having its registered and corporate office at Delhi - Cheque presented in a Bank at Delhi - Cheques were returned to complainant through its bankers at Delhi -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Society - Complaint filed President and Secretary as persons in charge and responsible to the society - Notice not issued to Society - Notice issued to the President and Secretary alone - Held, unless Society who is the drawer of the cheque is held liable, President and Secretary of the society..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners supposed to appear before the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of second notice - Earlier notice was issued but complaint not filed - Complaint on the basis of issuance of second notice not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held, court at Delhi has..........
