Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending of notice from a particular place - Held, it would not give rise to cause of action but same will arise at the place of communication of notice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant by LRs of deceased payee - Cheque was issued in the name of deceased after one month of his death - None of the applicants named as payee of cheque - Nothing on record on the basis of which it can be said that applicants were holder in due course - Held, unless applicants were..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties - Applicant has paid amount of cheque i.e. Rs.73, 000/- to respondent No.2 - Held, Offence u/s.138 stands compounded by invoking provisions of S.147 of the N.I. Act - Conviction and sentence set aside - Accused acquitted subject to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is given towards any liability or debt which might have been incurred even by someone else, the person who is a drawer of the cheque can be made liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge liability of another person - A person who issued the cheque can only be prosecuted - Such other person cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Opinion of handwriting expert - Application for - Petitioner is admitting signatures on cheque as his own - Dispute sought to be raised is with regard to handwriting pertaining to other contents only - Trial court rejected application on count that on acceptance of..........
Negotiable Instruments Act, 1881, Section 138, 147 - - Dishonour of cheque - Compounding of offence - Applicant paid entire dues to complaint bank - Matter has been settled between parties out of Court amicably - Held, parties permitted to compound offence u/s.138 invoking provisions of S.147 of NI Act - Applicant acquitted - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused - Criminal liability is not transferred to the descendants or legal heirs of the person who had issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act makes only signatory to the cheque returned unpaid criminally liable...........
Negotiable Instruments Act, 1881, Section 138 -..........