Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence u/s 138 of the Act has five components: (i) drawing of cheque, (ii) presentation of cheque to the bank; (iii) returning of cheque unpaid by drawee bank; (iv) giving notice in writing to the drawer of cheque demanding payment of cheque amount; and (v) failure of drawer to make payment within..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - S.142 of the Act provides the complainant with the right to lodge a complaint, before a Court within whose jurisdiction the branch of bank where the cheque is delivered for collection is situated...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cause of action - Court gets jurisdiction over the matter if cause of action arises within the local limits of its jurisdiction - Cause of action means whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled the disputes between themselves - Offence in question compounded - Petitioner No.2, acquitted - Costs of Rs.20,000 imposed on petitioner No.2 to be deposited with Spinal Rehab Centre...........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of a witness not named in the list of witnesses - Suit for specific performance - Witness sought for the purpose of certifying the documents relating to proceedings for dishonour of cheque initiated by said witness against defendant - However, documents in this respect already been exhibited and plaintiff has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Non-executive and independent Directors cannot be held liable u/s 138 r/w S.141 of the Act, unless specific allegations demonstrate their direct involvement in affairs of Company at the relevant time...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Mere fact that appellants attended board meetings does not suffice to impose financial liability on appellants, as such attendance does not automatically translate into control over financial operations...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
