Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filing of civil suit for recovery is not a bar for initiation of proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In prosecution u/s 138 of the Act, complainant is primarily concerned with recovery of money and conviction of accused serves very little purpose...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Negotiable Instruments Act, 1881, Section 98(c) -- Suit for recovery on the basis of dishonoured cheque - When cheque is dishonoured for insufficiency of funds, drawer is not entitled for a notice of dishonour, as provision of S.98(c) of the Act provides that no notice of dishonour is necessary when party charged could not suffer damage for want of notice...........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Plea that it was a security cheque - Very fact that cheque was issued as security by itself imply that, in the event of non payment, security is liable to be enforced - A cheque issued as security would mature for presentation on default when payment is due...........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Defendant contended that it was a signed blank cheque that was entrusted to plaintiff - However, same is denied by plaintiff - DW1 even admitted that borrowed amount has not been repaid - In the absence of evidence to the contrary, case of plaintiff is liable to be accepted - Plaintiff is entitled..........
Civil Procedure Code, 1908, Section 34 -- Suit for recovery on the basis of dishonoured cheque - Interest - Considering prevailing rate of interest in banking transactions, grant of interest at the rate of 6% from the date of suit till realisation would be reasonable and justified...........
Civil Procedure Code, 1908, Section 21 -- Suit for recovery on the basis of dishonoured cheque - Jurisdiction - Cheque was presented and dishonoured within the jurisdiction of trial Court, as such trial Court had territorial jurisdiction to entertain the suit...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Suspension of sentence - Order to deposit 20% of compensation amount - Procedure for recovery of fine or compensation from accused in pending appeal already existed in Cr.P.C even before adding S.148 of the Act - Therefore, no new aspect of coercive recovery of fine or compensation from..........
