Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Deemed liability u/s 141 of the Act is attracted only when responsible company is arrayed as a party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Company - Name of signatory not available anywhere in the notice - It cannot be said that it was issued by an authorised officer of the company - Held, there is no legal notice of demand - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Lawful consideration for issuance of cheque not stated in complaint and notice - Complaint and notice is not encyclopedia - Complainant in statement in Court, is always at liberty to clarify for what the cheque was issued...........
Negotiable Instruments Act, 1881, Section 138(a), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Six months validity period of cheque - Calculation of six months - Cheque drawn on 31.12.2005 - Day of 31.12.2005 will be excluded and the period of six months will be reckoned from the next day i.e. from 1.1.2006 - Period of six months will expire at the end of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Signature comparison - Cheque in question was handed over by petitioner in pursuance of compromise passed by Court - Request of petitioner for sending cheque for examination of his signatures to FSL is absolutely unwarranted - Court rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Evidence can be given on the basis of an affidavit when complaint is filed u/s 138 of Act but that shall be subject to `just exception'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non receipt of - Plea that accused is residing at an address other than those at which notice was sent - Objection cannot be entertained at premature stage of trial - This objection can be evaluated after detailed evidence is on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Comparison of signatures with other writing on cheque - Signatures admitted and it was nowhere pleaded that other writings on cheque were not scribed by accused - Application filed when matter was fixed for final arguments - Held, application was rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at a place where cheque was deposited, where the complainant had its office, has jurisdiction to entertain and try the complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence on the basis of affidavit - It is open to Magistrate to rely upon verification in the form of affidavit filed by complainant in support of his complaint - Magistrate is neither mandatorily obliged to call upon complainant to remain..........
