Showing : 51-60 of 60 Results

MADHYA PRADESH HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Cheque dishonoured - Notice issued - No complaint filed - Cheque again presented on request of accused - Cheque again dishonoured - Drawee competent to prosecute under S.138 on second dishonour...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397-- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent powers under Section..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Cheque amount claimed within less than fifteen days - Held, by itself is not a ground to quash criminal proceedings if complaint is made within one month after expiry of fifteen days from date of receipt of notice by drawer - Payee need not specifically mention in the notice to pay the..........
BOMBAY HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Company - Cheque drawn by Company signed by Managing Director - Notice to Company is a must - Notice addressed to the Managing Director of the Company by name making demand for payment on dishonour of cheque - Held, in the absence of notice to the Company which had drawn the cheque..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Cheque can be presented to Bank for collection any number of times during its validity and last dishonour could be treated as cause of action to serve notice on drawer and file complaint under Section 138 - However, if once payee sends notice demanding payment from drawer of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Mere dishonour of cheque does not constitute offence under Section 138 - Payee has to give notice to drawer within 15 days of receipt of information from Bank demanding payment - Cause of action would arise if no payment is made by the drawer within 15 days of receipt of..........
BOMBAY HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence is complete when payment is not made in response to the notice within the stipulated time - Court within whose jurisdiction the said tender has to be made also has the jurisdiction to try the offence punishable under Section 138 of the Act...........
BOMBAY HIGH COURT
Year of decision: 1992
Details
Negotiable Instruments Act, 1881, Section 138-- Offence is committed only on non payment within 15 days notice period-Court is barred is barred from taking cognizance of complaint in respect of such an offence prior to expiry of 15 days within which drawer has to make payment - Time frame prescribed under S.138 has to be strictly construed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1991
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque dishonoured-Prosecution is maintainable only when all the ingredients of S.138 are satisfied - Notice issued mentioning the dishonour of cheques and claiming vacant possession of flats - No demand made for payment of cheque - No allegation of failure to pay amount within fifteen days -..........
BOMBAY HIGH COURT
Year of decision: 0000
Details
Negotiable Instruments Act, 1881, Section 138-- Company - If after notice payment has not been made by a Company merely on the ground that a petition for its winding up has been presented, it amounts to `failure to make payment' under S.138...........

Showing : 51-60 of 60 Results