Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint sought before cross examination of complainant - Correction of cheque number - Admittedly, last digit of cheque number is wrongly typed in notice as well as in complaint - Though notice was received by respondent, but he did not reply to it - Typographical error of cheque number..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint avers explicitly that all accused including applicants were in charge of and responsible for conduct of business and were managing day-to-day affairs of company when cheque in question was issued and subsequently dishonoured - At the stage of summoning, presence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Summoning of accused - Applicants relied upon appointment letters which demonstrate their non-executive, independent status, cannot at this preliminary stage, override the categorical averments contained in complaint - Such documents may at best support a defence that offence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Words `said amount' and phrase `any amount of money' have the same purport signifying the cheque amount...........
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 - Condition of notice u/s 138 Proviso (b) of the Act is required to be complied with meticulously - Even typographical error can be no defence - Error even if typographical would be fatal to legality of notice, given the need for strict mandatory compliance...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Notice to be issued u/s 138 Proviso (b) of the Act, must mention the same amount for which the cheque was issued - It is mandatory that demand in the statutory notice has to be very amount of cheque - After mentioning the exact cheque amount, sender of service may claim in..........
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, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably resolved between parties and amount of Rs.1,10,000 as agreed between them already stands paid to complainant - Non-appearance of complainant is nothing but delaying tactics for finalization of proceedings which would not be advancing any cause of..........
