Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure of accused to reply to statutory notice u/s 138 of the Act leads to an inference that there is merit in complainant's version...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
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...........
