Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Original agreement between the parties took place and cancelled at Jaipur - Cheque drawn of a bank at Jaipur - Cheque deposited by the payee with its bank at Mumbai for presentation to the bank at Jaipur - Cheque dishonoured at Jaipur - Communication regarding dishonour received at Mumbai..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - An essential ingredient for maintainability of complaint - However, issuance of notice by itself does not give rise to the cause of action but communication of notice does...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Financial service - Loan - Non release of - Appellant not releasing balance installments and recalled the loan - From the very inception complainant defaulted in his dealing with the appellant corporation when his cheque in the sum of Rs. 30,000/ - got dishonoured - That apart persistent defaults in discharging..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of complainant - Magistrate may close the complaint which does not amount to acquittal of the accused - In the instant case representative of the complainant could not appear due to illness - Order dismissing the complaint set aside - Complainant given a chance to put forth his case...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 34 -- Offence of cheating and dishonour of Cheque - Complainant entered into an agreement with the land owner for the development of land - Said agreement could not fructify and materilise as `no objection' could not be obtained - Complainant reconciled with the situation and agreed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed on 14th day after issuance of notice - Court took cognizance of offence on 14th day after notice - Complaint dismissed as pre mature...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Fact, required by law to be specifically pleaded, cannot be proved in absence of a specific pleading in regard thereto...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - In absence of specific averment in complaint that at the time of commission of offence the person accused was in charge of and responsible for the conduct of the business of the company the requirements of S.141 are not satisfied - While a Managing Director or a Joint Director..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Merely being a Director does not make him liable for an offence committed by the Company - For launching prosecution of a director u/ss 138, 141 of the Act there has to be a specific allegation in the complaint in regard to the part played by him in the transaction in question..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Merely to say that a director is responsible and liable for the acts of the company is not sufficient in absence of specific allegation in regard to the part played by him in the transaction in question...........
