Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security towards loan advanced - Held, when cheque is issued as security then not only the aspect as to the cheque given as and by way of security is to be seen but what is also to be seen is whether it has been issued in discharge of debt or liability - Accused failed to show that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Statutory notice dated 15.03.2003 came to be served for first time and therefore, cause of action for complainant to file complaint can be said to have been arisen after 15 days from service of said notice and within 30 days thereafter complainant was required to file complaint,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Applicant/accused has neither disputed issuance of cheques nor disputed receipt of amount from complainant as alleged nor disputed signatures on cheques - It was not the case of applicant/accused that amounts which was received from complainant have been repaid - Held, when..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326 -- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Plea by a partner that he is not responsible for the conduct of the business of the firm is available to a partner who is not a signatory to the cheque - Partner who is operating the accounts of the firm cannot escape prosecution u/s 138 of the Act with a plea that he was not the managing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If the office bearer receiving notice prefers to give the reply to statutory notice, it is not sufficient for him to only deny the responsibility, but it becomes necessary for him to say something on behalf of company about the person who can be held responsible u/s 138(b) of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If the office bearer receiving notice prefers to give the reply to statutory notice, it is not sufficient for him to only deny the responsibility, but it becomes necessary for him to say something on behalf of company about the person who can be held responsible u/s 138(b) of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security - Provision of S.138 of the Act is attracted only on account of dishonour of cheque issued in discharge of liability or debt and not on account of issuance of security cheque - Issuance of security cheque is not covered u/s 138 of the Act - Proceedings nothing but abuse of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 31 -- Dishonour of cheque - Conviction - Sentence - Conviction of petitioner in two cases for offence u/s.138 of NI Act - Sentences awarded in both cases - Petitioner is not a habitual offender as no other case of similar nature is pending against him - He is having no criminal..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 242(2), 253 -- Dishonour of cheque - Abuse of process of Court - Imposition of costs - Application filed by accused u/s.561-A of J&K Cr.P.C. for quashing of proceedings dismissed - Trial Court proceeded ahead and recorded statement of accused u/s.242 Cr.P.C. - Application filed by..........
