Negotiable Instruments Act, 1881, Section 138, 141 -- Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Non-effective representation of complaint - In absence of any power of attorney or a valid authority by complainant in favour of said Recovery Officer, complaint itself cannot be entertained therefore, conviction based on such a complaint, is liable to be set aside - Conviction set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There was no debt or liability at the time when cheque was given - Complaint not maintainable - Summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Interest - Direction can be issued u/s 357(3) Cr.P.C. for payment of interest...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Interest - Court can ascertain the loss which the complainant would suffer/has suffered on account of the delay in payment and appropriate rate of interest can be directed to be paid, consistent with the rate of interest payable by the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Compensation - Unless amount is claimable in civil suit, direction u/s 357(1) or S.357(3) Cr.P.C. for payment of compensation cannot be issued...........
Negotiable Instruments Act, 1881, Section 138, 30 -- Dishonour of cheque - Compensation - When dishonour of cheque takes place, certainly the holder is entitled to be compensated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 460, 14 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Complaint filed in the Court of CJM whereas it had to be filed in the Court of Magistrate in the same district - CJM erroneously took cognizance - Complaint returned to be presented in a Court having territorial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 14, 190 -- Dishonour of cheque - Complaint - Jurisdiction - Every Judicial Magistrate in a district has jurisdiction to entertain a complaint - However, only jurisdictional Magistrate has power to try the same - If any Magistrate not empowered by law to do any other thing including to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Only the drawer of cheque is liable - A payee or an endorser is not liable under Section 138 of the Act...........
