Negotiable Instruments Act, 1881, Section 138-- Cause of action - Arises only once - Complaint filed after issuing a second notice and after 45 days of receipt of the first notice by the drawer - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - 15 days clear time to be given to the accused for making payment after receipt of notice - Complaint filed on 14th day of notice - Complaint premature and liable to be dismissed...........
Negotiable Instruments Act, 1881, Section 138-- Jurisdiction - Cheque presented for collection at place `K' - Cheque dishonoured - Notice demanding the amount due issued from Registered office of the company located at place `H' - Payment not made within the prescribed period of 15 days - Complaint filed in Court at place `H' - Proper -..........
Negotiable Instruments Act, 1881, Section 138-- Notice - Last line of notice reads thus 'Kindly arrange to make payment to avoid unpleasant action of my client' - High Court holding that there was no proper notice, on ground that there was no demand for money and hence quashed proceedings - Not correct - There was demand in notice - Drawer..........
Negotiable Instruments Act, 1881, Section 138-- 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-- Notice - `Giving of notice' and `Receipt of notice' - Giving of notice is not the same as receipt of notice - When notice is returned unclaimed by sender it would amount to receipt of notice - In such a case reckoning of 15 days would start running from date of return of notice...........
Negotiable Instruments Act, 1881, Section 141, 138-- Company - Managing Director - Absence of an averment in the complaint that the Managing Director is in-charge and responsible to the Company - Accused described as Managing Director of the Company and the agreement, which is the basis for the liability for payment of money on the part of the..........
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Notice - Should be sent to the drawer of the cheque and not to all the persons who can be deemed to be liable apart from the drawer of the cheque by virtue of the provision in S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Limitation - Starting point - The period of one month for filing the complaint has to be reckoned from the date immediately following the date on which the period of 15 days from the date of receipt of the notice by the drawer expired...........
Negotiable Instruments Act, 1881, Section 138-- Proviso (c) - Notice - Date of receipt - To be clearly made out as without this it is not possible to reckon period of 15 days - Before an order summoning an accused person is passed by the Magistrate, it has to be made out by the complainant that the drawer has failed to make the payment to him..........
