Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is dishonoured for following reasons then it will be sufficient for prima facie case for issuing process, viz. (i) case referred to drawer (ii) instruction for stoppage of payment (iii) exceeds arrangement (iv) insufficient fund (v) signature differed or mismatch (vi) account closed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on account of `Exceeds Arrangement' - However, there is printed instructions on the cheque that it would be valid only for Rs.10 lakhs but disputed cheque was of Rs.12.25 lakhs - It cannot be treated as valid negotiable instrument - Order taking cognizance set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement `Exceeds arrangement' - Payment demanded of outstanding liability - defence of accused not succeeded in rebutting presumption formed in favour of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement (i) refer to drawer or (ii) exceeds arrangement; or (iii) instruction for stop payment and like other usual endorsement - Held, it amounts dishonour within meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act never contemplates prosecution in other situation than a situation where cheque gets returned unpaid for reason of - (i) insufficiency of amount in account of drawer to honour cheque; (ii) amount covered by cheque exceeds arrangement to be paid to account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reason that it had no account number and it was without 'proprietary stamp' - No offence is made out - Offence u/s 138 is made out only when cheque is returned due to insufficient funds and amount exceeds the arrangement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Main factors to maintain a complaint are: (i) The cheque in question should have been issued in discharge of whole or in part of a debt or liability; (ii) The cheque should be presented for payment within six months or its specific period, whichever is earlier; (iii) The payee or holder should give..........
Consumer Protection Act, 1986, Section 2(1)(d), 21 -- Deficiency in service - Bank Draft - Drafts returned unpaid with remarks "exceeds arrangement" - Ultimately paid when presented for encashment - Goodwill seriously affected - Draft unhonoured due to oversight by dealing official - Claim for compensation cannot be for actual loss or damage - Deficiency on part of bank..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with endorsement `Refer to drawer' or `Instructions for stoppage of payment' or `Stamp exceeds arrangement' - Amounts to dishonour of cheque...........
