Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Complainant is entitled to send a fresh notice within stipulated period...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compromise - Accused acquitted - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - No particulars have been given by complainant as to on which date, month or year the money was given on which this liability arose - Even, there is no document to show this transaction - Moreover, accused had not denied issuance of cheque rather..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted and sentenced to undergo simple imprisonment for three months - Accused has already undergone two months 20 days out of substantive sentence of three months S.I - He has faced the pangs of trial followed by appeal for a period of more than a decade - Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Act does not define word `Dishonour' - However, title of S.138 of the Act lists insufficiency of funds one of the situations that could contribute to dishonour of cheque - Every debt or liability upon which cheque is issued is not enforceable under the Act...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of `Legally Enforceable..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - It is rebuttal by evidence of executant and circumstances of case - Presumption u/s 118 of the Act is that cheque is made for consideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Object - To inculcate faith in efficacy of banking operations and creditability in transacting `Business on Negotiable Instruments' - Moreover, dishonour of cheque is regulatory offence/civil liability which is created to serve public in ensuring reliability of instrument...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Legally enforceable debt - When complainant discharges his burden that cheque issued by accused towards discharge of legally enforceable whole or part of debt or liability, then only accused will be called upon to answer his case - However, accused is entitled to maintain..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Drawee expected only to know who are i, charge of affairs of company - Moreover, it is not reasonably expected from drawee to know whether individual who signed cheque was instructed to do so or whether he was deprived of such authority -..........
