Consumer Protection Act, 1986, Section 2(1),(d) -- Banking service - Consumer - Commercial purpose - Cheques - Stop payment - Plea that the original order of the machine placed by the respondent-Doctor for his commercial purpose so he could not be treated as a consumer - Held that the dispute which was before the Forum and the Commission not of the purchase of original..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - In no way absolve statutory liability cast upon accused - Accused liable to be punished u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - For valid reasons - Burden of proving that cheque was not dishonoured for sufficient funds and was dishonoured for valid reasons is on the accused - Complaint cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Payment stopped on account of absence of any pre-existing debt or liability - Complaint cannot be quashed on this ground and the question of fact has to be decided in defence...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice given - Payment not made - Cheque again presented and again dishonoured and once again notice given - Held, complaint is not maintainable - Once there is accrual of cause of action then limitation starts to run and it cannot stop for any reason - In case of dishonour of cheque cause of action..........
Banking Service -- Cheque encashment - Despite stop payment instructions issued by respondent-complainant - Direction by the District Forum to appellant Bank to pay the sum with interest @ 9% p.a. upheld...........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Cheque dishonoured - Accused is guilty of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Merely because the drawer issued notice to the drawee or to the bank for stoppage of payment it will not preclude an action under S.138 of the Act by the drawee or the holder of the cheque in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 'Stop payment' - Payment of cheque stopped for want of quality of material supplied by complainant - Held, this is a question of fact which has to be established by leading evidence - No ground to quash proceedings. (Criminal Procedure Code, 1973, S.482)...........
Negotiable Instruments Act, 1881, Section 138 -- Post dated cheque - Stop payment before the due date of payment - Held, S.138 of the Act is attracted...........
