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 - Complaint need not be filed at the..........
Negotiable Instruments Act, 1881, Section 138 -- When a cheque is issued as a security, no complaint lies under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Proof - It is sufficient to summon a copy of the relevant account - Unnecessary summoning of Bank Managers deprecated...........
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 could have paid through bank or..........
Negotiable Instruments Act, 1881, Section 138 -- `Debt or other liability' - Means a legally enforceable debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- `Debt or other liability' - One `A' owed legal liability towards `B' - One `D' owed legal liability towards `A' - `D' drawing cheques in favour of `B' in discharge of his own liability towards `A' - Cheque dishonoured - No criminal offence against `A' and `D' is made out - `D' has no legal liability towards `B' - `A' is not..........
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 payment within 15 days of the..........
Negotiable Instruments Act, 1881, Section 139, 138, 118 -- Cheque - Signature on the cheque admitted - Can be legally inferred that the cheque was made or drawn for consideration on the date which the cheque bears - S.139 enjoins on the Court to presume that the holder of the cheque received it for the discharge of any debt or liability - The burden is on the accused to..........
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 138, Criminal Procedure Code, 1973, Section 386, 357(3) -- Judicial Magistrate of First Class trying a case under S.138 cannot impose a fine exceeding Rs.5000/- - High Court while convicting accused in the same case cannot impose fine exceeding the said limit - However, Magistrate can resort to S.357(3) Cr.P.C. to alleviate the..........
