Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 245 -- Dishonour of cheque - Sleeping partner - Petition for discharge of sleeping partner u/s 245(2) Cr.P.C. dismissed - Revision also dismissed by Sessions Court - Petition u/s 482 Cr.P.C. for quashing complaint and summoning order - No mention of order of Magistrate or Sessions..........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Offence is committed - Insufficiency of funds when cheque was presented need not to be proved...........
Negotiable Instruments Act, 1881, Section 138 -- `Debt or liability' - Presumption is that cheque was issued for discharge in whole or in part of a debt or liability - Accused can rebut the presumption by proving otherwise...........
Negotiable Instruments Act, 1881, Section 138 -- Even if there is a civil dispute between the parties and the accused have issued a cheque for the payment of the amount in question and if the cheque is dishonoured it will make an offence under S.138...........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque - Contention of accused that he issued a blank cheque which was used by complainant and was not issued in discharge of liability - Held, this contention cannot be raised in revision...........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Merely because the drawer of the cheque issued notice to the drawee or to the bank for stopping payment, it would not save from an action u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Cheque dishonoured on 13.1.1994 - Intimation given to payee on 17.1.1994 - Fifteen days period for sending notice of demand is to be counted from the receipt of information from the Bank regarding the return of the cheque as unpaid...........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death of - Complaint does not ipso facto terminate or abate upon death of complainant - Where complainant is dead, his legal representative, agent or power-of-attorney holder can be permitted to prosecute complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 210 -- Complaint case and police case over same matter - Magistrate to stay complaint case and call for a report from police - S.210 Cr.P.C. is not attracted where complaint is u/s 138 NI Act as cognizance of offence u/s 138 NI Act can only be taken on a complaint filed by payee...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Three notices - In response to the first notice petitioner requested to represent the cheque - Cheque presented and again dishonoured - Second notice issued - Again requested to represent the cheque - Cheque presented and again dishonoured - Third notice issued - Failure to make payment - Complaint filed - Held, if..........
