Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Presumption relating to fact of dishonour of cheque - When bank slip is issued by bank with remarks "Insufficient funds" there is presumption relating to fact of dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Issuance and dishonour of cheque is proved on record - Demand notice given to accused was also proved on record - Cheque was duly signed by accused - It is proved on record that despite demand notice accused did not pay the amount due - Testimonies of CW1, CW2 are trustworthy,..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. the branch of bank of payee or holder in due course, where drawee maintains an account, would be determinative of place of territorial jurisdiction...........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - Multiple complaints for dishonour of cheques against the same party can be filed only in one Court even though the cheques might have been presented in different banks at different places...........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - When the cheque is delivered for collection through an account, complaint is to be filed before the Court where branch of bank is situated, where the payee or the holder in due course maintains his account - Whereas, when the cheque is presented for payment over the..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - All criminal complaints for dishonour of cheques pending as on 15th June 2015 in different Courts in India would be transferred to Court which has the jurisdiction to try such case, i.e. such pending cases would stand transferred to Court having jurisdiction over..........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - Provisions of Cr.P.C, would have to give way to the provisions of instant enactment on account of no, obstante clause in S.142A (1) of Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Cheque in question was delivered for collection at the Bank situated at place `U', where complainant has no account - However, by virtue of S.142(2) explanation, of N.I.Act, it is deemed to have been delivered at the Bank, at place `A' where the centralized pooling..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.3.21 crores - Account settled through a mutual meeting and net payable amount reduced to Rs.2.87 crores - Notice issued demanding Rs.2.87 crores - However, on account of subsequent talks between parties an amicable settlement arrived at - Amount agreed to be paid Rs.1.80 crores to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Non-appearance of complainant was on one date due to absence of knowledge of transfer of case to another case - Absence of complainant on one date is no ground to dismiss complaint - Order of dismissal set aside - Complaint ordered to be restored at the stage..........
