CALCUTTA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Seven days notice given demanding payment but complaint filed after expiry of 15 days - No ground to quash the complaint - Notice is valid...........
CALCUTTA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Cheque issued by Company - Dishonour of cheque - Prosecution of signatory of the cheque without impleading the Company - No ground to quash the proceedings...........
CALCUTTA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Jurisdiction - Cheque drawn on Calcutta Bank - Complaint filed at place `S' where complainant resides - Held, Court at place `S' has the jurisdiction...........
ALLAHABAD HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Part payment made - Is of no avail to the drawer of the cheque for evading prosecution...........
ALLAHABAD HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Part payment made or that the cheque is for discharge of liability or debt - These are questions of fact which trial Court has to decide after recording evidence - No ground to quash the complaint under Section 482 Cr.P.C...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Summoning order - Petition u/s 482 Cr.P.C. - Held, when facts are in dispute, in that event High Court will not exercise its inherent powers and indulge in the minute scrutiny of facts - It could be so done only on admitted facts - Petitioner may approach the Magistrate that process against him..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Legally enforceable liability - Complainant is bound to discharge the initial burden cast upon him that the cheque was given by the accused in discharge of legally enforceable liability - Complainant failing to prove satisfactorily that he has sufficient capacity to lend the amount of Rs.1, 25,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued for Rs.10, 000/- towards part payment out of a liability of Rs.44117/- Thereafter draft for Rs.5500/- paid - Cheque presented and dishonoured - Complaint filed - Thereafter cash amount of Rs.5, 000/- made - Held, even after the adjustment of these two amounts, still the accused is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Self drawn cheque given to a person in discharge of legal liability - Cheque dishonoured - Drawer of cheque is guilty of offence under S.138 of the Act - Possessor of a self drawn cheque comes within the definition of 'Holder in due course'...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque - 'Holder in due course' - Cheque payable to bearer - The expression 'Holder in due course' means a person who is possessor of an instrument even when it is payable to bearer - If the bill is payable to holder then he has to be a payee or endorsee of the same...........