Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - When the cheque amount is not mentioned in the notice or amount different than actual cheque amount is mentioned in the notice, such notice would stand invalid in eye of law...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Cheque which was drawn by respondent was for Rs.1,00,000 whereas in the notice issued u/s 138 Proviso (b) of the Act appellant mentions the amount of Rs.2,00,000 - Defence would not hold good that different amount mentioned in the notice was out of inadvertence - Even if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Submissions of accused that there is no date, mode of payment and amount mentioned with regard to payments alleged to have been made by complainant, which in turn was sought to be repaid by means of a cheque which was dishonoured, is a question of trial - Same cannot be considered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Agreement to sell - Consideration mentioned in the agreement was frustrated by the act of complainant absolving the accused of his liability to pay the amount - Existence of consideration was not established - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was admittedly signed by accused - Cheque returned unpaid for reason `funds insufficient' - Notice sent to accused demanding amount mentioned in cheque was returned unclaimed - However, address mentioned in notice is registered address of accused - Offence u/s 138 of the Act thus, stands..........
Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Amount mentioned in number is seen to be altered - However, amount mentioned in the word is not altered - It cannot be said that cheque is materially altered in respect of the amount...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Demand of other amount - If in demand notice other amounts is mentioned with the cheque amount in a separate portion in detail, said notice can not be faulted in a legal term of S.138 (b) of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
