Negotiable Instruments Act, 1881, Section 138 -- Notice issued - Reply to notice sent that there is amount available in the account and appellant can represent the cheque and encash the same - Not sufficient - It is debtor's duty to discharge the debt - Intimation of deposit not sufficient - Offence is made out and fine of Rs.10, 000/- imposed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Intimation by drawer to payee or the holder in due course thereafter that sufficient amount is available in the bank to honour the cheque - Does not absolve him from his liability to pay the amount...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of amount of cheque and interest accrued thereon - Notice is not vague...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of payment of cheque - Not necessary to mention amount of dishonoured cheque - Amount of cheque can safely be presumed to be known to drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Information received from Bank on 9.3.1994 and on the same day notice issued - Drawer of the cheque can make payment within a period of 15 days from date of service of notice - Drawer failed to make payment upto 25.3.1994 - Cause of action accrued to drawee on 25.3.1994 - Complaint filed on..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cause of action - Arises only on failure of the drawer to make payment within 15 days of the receipt of notice - Complaint filed before expiry of 15 days is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Refusal to accept on 26.5.1990 - Notice to the respondent can be imputed only on 26.5.1990, the date of refusal of the notice - Complaint filed on 2.6.1990 - Held, complaint filed before the expiry of 15 days of the receipt of notice is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114, General Clauses Act, 1872, Section 27 -- Notice - Registered notice - If the letter is sent by post pre-paid and properly addressed and posted by registered post to addressee - Addressee can be imputed with the knowledge of contents of notice...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Once the cheque is issued by the drawer a presumption under Section 139 must follow - Merely because the drawer issues a notice to the drawee or to the Bank for stoppage of the payment it will not preclude an action under Section 138 of the Act by the drawee or the holder of a cheque in due course...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop Payment' - After issuance of a cheque, subsequent notice by drawer to the drawee or the Bank for stoppage of payment does not preclude action under S.138 by the drawee or holder in due course. 1996(1) Civil CC 309 (SC) : 1996(1) Apex Court Journal 99 (S.C.) & 1996(2) Apex Court Journal 555 (S.C.) overruled...........
