Negotiable Instruments Act, 1881, Section 138 -- Notice - `Receipt of information' - Relevant date is the date of receipt of intimation and not the date of letter of intimation...........
Negotiable Instruments Act, 1881, Section 138 -- Joint Account Holder - Account could be operated by either of them - Cheque issued by one to discharge his liability - Account holder who has not drawn the cheque is not liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Notice - To constitute a notice there must be a demand for payment of the amount covered by the bounced cheque...........
Negotiable Instruments Act, 1881, Section 138(b) -- Notice - Amount not paid and second notice sent - Complaint filed thereafter beyond 30 days of issuance of the first notice - Burden is on the complainant to prove that there was no demand in the first notice and that it was only an intimation...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Statutory notice duly served - Closure of account due to insufficiency of fund before issuing the cheque is also a ground envisaged in S.138 of the Act - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued when account had already been closed - Provision of S.138 will apply...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Material alteration - As S.18 of the Act provides that banker will honour a cheque based on amount written in words, being material part of cheque - Substantial difference between amount of cheques - This is insertion or correction which requires an attestation by the drawer..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership - Partners - Absence of averments in complaint that partners are Incharge of and responsible to the firm for the conduct of the business of the firm - Order of Magistrate discharging the appellants restored...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque reaching drawers bank beyond six months from its date - Acquittal is justified...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque given as security - Cheque bounced - Comes within fold of S.138 of N.I. Act...........
