Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Each and every complaint u/s 138 of the Act shall contain a synopsis in the given format which shall be filed immediately after the index (at the top of the file) i.e. prior to the formal complaint, under the following heads - (a) Particulars of parties; (b) Cheque details; (c) Dishonour;..........
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 -- 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 -- 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, 141, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Offence by Company - Quashing of summoning order - Once cheques stood drawn on behalf of company, arraigning of Company as an accused is imperative - However, since there is no recital regarding compliance of S.138 r/w S.142 of the N.I. Act..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the signed undertaking by him - Fact which was admitted by him need not to be proved by complainant during course of trial - Moreover, there was sufficient evidence to show that legal notice was duly served on petitioner - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
