Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Offence by Company - Signatory of cheque authorized by Company is not a `drawer of the cheque' u/s 148 of the Act, so as to empower the Appellate Court, in an appeal against conviction for an offence u/s 138 of the Act, to direct to deposit compensation of any sum u/s 148(1) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Appeal against conviction - Appellate Court in an appeal against conviction u/s 138 of the Act, could not place a condition to deposit an amount invoking the power u/s 148(1) of the Act, mechanically without considering whether the case falls within exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount was paid as a bribe to accused for securing Government employment - Payment made as a bribe, being an illegal and immoral transaction, does not constitute a legally enforceable liability - No offence u/s 138 of the Act is made out - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Even if a cheque is issued as a security for a liability and unless that liability was discharged, holder of cheque can present the cheque for collection and if it is dishonoured, offence u/s 138 of the Act would attract...........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made before encashment of cheque - When a part payment of cheque is made after the cheque is drawn, but before the cheque is encashed, such payment must be endorsed on the cheque u/s 56 of the Act - Cheque cannot be presented for encashment without recording the part payment and if..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413Proviso -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant was victim of crime as defined u/s 2(y) of BNSS - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Prima facie from the documents on record is shown that cheque had been issued by petitioner no.2 in favour of complainant, which is asserted to be in discharge of existing legal liability - Prima facie ingredients for summoning u/s 138 of the Act are made out and petitioners..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - S.142(1)(a) of the Act mandates that cognizance of offence punishable u/s 138 of the Act can only be taken upon the complaint in writing...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12(1), 12(2), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation for filing complaint u/s 138 of the Act is from the day on which the cause of action arises and first day has to be excluded for counting period of one month...........
