Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very much important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - In case dates are not revealed in the complaint, same can be inferred from paper on record...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where cheque is dishonoured for any technical reason or reasons, which may be categorized as innocuous one, provision of S.138 of the Act may not be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was dishonoured with a remark that there was no such bank account - Since cheque was dishonoured for the reasons which are not covered u/s 138 of the Act, no offence u/s 138 of the Act is made out - Summoning order set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint as it was filed before cause of action arose - Summoning order set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Merely because somebody is managing the affairs of Company, per se he would not become in charge of the conduct of business of company or the person responsible to company for conduct of business of company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Averments in complaint are insufficient to attract mandatory provisions u/s 141(1) of the Act to create vicarious liability upon appellant - Complaint qua appellant quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Restoration of complaint - Once the addressee has not claimed the summons then it is necessary to issue non bailable warrants - Complaint dismissed for not taking steps - Order is erroneous - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in seven cases - Concurrent running of sentences - Accused is languishing in jail since 7.11.2017 and in none of cases provisions of S.427 Cr.P.C was taken note by Courts below - Sentences passed in all the criminal cases u/s 138 of the Act would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Court while sentencing accused for offence u/s 138 of the Act has to keep compensatory part in mind which has to be commensurate to cheque amount and not to exceed twice the amount, so that it can be appropriated towards the compensation payable to complainant u/s 357 Cr.P.C...........
