Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Notice - Received back with endorsement of refusal - Held, presumption of valid service of notice can be raised even when a notice is received back with an endorsement that the party has refused to accept it...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Insufficient funds - Two notices issued - Limitation starts to run from the date of receipt of former notice by the drawer and not from subsequent date of receipt of later notice by him...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence at revisional stage - Held, parties can compound the offence at revisional stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank dishonoured cheque on ground that it is reported lost by the drawer - Not an offence within meaning of S.138 of the Act - Penal provision of S.138 of the Act is attracted when such dishonour is (i) because the amount of money standing to the credit of that account is insufficient to honour the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court while exercising its jurisdiction for taking cognizance of an offence is required to consider only the allegations made in the complaint and the evidence of the complainant and his witnesses...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence during pendency of appeal - Dishonour of cheque - Accused convicted - Appeal against - Sentence suspended during pendency of appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused he does not recognize complainant and that he never issued any cheque to him - Accused also stated that he did not receive any demand notice - Held, there is no scope to urge that there was no acquaintance between parties - Rather evidence adduced by complainant shows that there were..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Cognizance of offence against Managing Director - Factors to be considered - Held, at the stage of taking cognizance, duty of court is to see whether all ingredients have been fulfilled and prima facie case is there or not - At the stage of cognizance, court cannot come to the finding..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Pre-mature complaint - Cognizance if taken after mandatory period as prescribed u/s 142 of the Act then complaint not to be dismissed as pre mature...........
