Negotiable Instruments Act, 1881, Section 138 -- Pleadings - `Payment stopped' - There is no necessity of having an averment in the complaint that cheques were dishonoured for the reason that there was no sufficient amount in the account of the respondent...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - When drawer of cheque stops payment by giving intimation to the Bank, action can be initiated under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Not issued within 15 days - Drawee cannot say that it is not a valid notice - Rather it is for the drawer to say that it is not a valid notice and to get the complaint dismissed on this ground - A drawer can still pay the money as demanded on receipt of the notice served by the holder in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Issued but not within 15 days - Payment of cheque not made - Complaint not filed - Cheque again presented, dishonoured, notice issued, payment of cheque not made and complaint filed - It is not for the drawee to say that it was not a valid notice, rather it was for the drawer to say that it was not a valid notice..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Telegraphic notice sent demanding payment - Notice is valid...........
Negotiable Instruments Act, 1881, Section 138 -- Market Committee - Previous sanction to maintain legal proceedings - Previous sanction contemplated by S.84(4) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 is not applicable to the prosecution proceedings for an offence under Section 138 of the Negotiable Instruments Act - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Stop payment - Even if a cheque is dishonoured because of `Stop payment' instructions to the Bank, still S.138 gets attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice not given - Cheque presented again and dishonoured - Notice given only after cheque dishonoured second time - Complaint validly instituted...........
Negotiable Instruments Act, 1881, Section 138 -- Stay of criminal case during pendency of civil suit - Dishonour of cheque - Complaint filed - Prior to that accused filed a civil suit for recovery of their dues against the complainant and the matter involved in the civil suit and the complaint is similar - Trial of criminal cases cannot be stayed only for the reason that a..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque - Dishonoured - Notice - Sent by Fax - It amounts to compliance with the legal requirement - Time limit for filing complaint would start running on the date when the notice sent by Fax reaches the drawer of the cheque...........
