Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Complaint - Pendency of summary suit for recovery of amount - Stay of - Validity - Held, merely because Summary Suits were filed by respective petitioners to recover the amount under cheque in question, Magistrate is not justified in staying further..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by Company - Accused/petitioners filed respective affidavits wherein they admitted that they are authorized signatories of company - However, they took plea that they have distributed business affairs of the company and thus not liable for any act or conduct of the affairs of the company -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Held, payee of cheque has the option to present the cheque in any bank including the collecting bank where he has his account - But to attract criminal liability of drawer of cheque such collecting bank is obliged to present cheque in drawee or payee bank on which cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Placement of order duly proved - Credit account of petitioner with the complainant also proved - Cheque dishonoured due to insufficient funds - Notice issued within 15 days from the date of receipt of information/communication from the Bank - Ingredients of the provision of S.138 of the Act fully..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 138 of Negotiable Instruments Act and u/s 420 of Indian Penal Code on allegations of dishonour of cheque - Complaint dismissed on ground that it was barred by limitation prescribed under Negotiable Instruments Act - Magistrate failed to take note..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Not claimed' - Endorsement `Not claimed' neither signed by postman nor by post master - No mention in complaint about the date on which statutory notice was served or at least deemed to have been served - Intimation to collect registered letter not proved..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Accused lodged a complaint, concerning same cheque, with police for offences u/ss 467, 420, 379 and 466 of IPC - Both cases pending in different courts - Held, when there are cross case the same Judge must try both the cases - Case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused sought quashing of proceedings by making offer to deposit the cheque amount - Quashing disallowed - Held, Court cannot force complainant i.e. payee of the cheque to enter into a compromise on deposit of cheque amount or the penalty amount by the accused - Court can advise complainant to consider..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque drawn in a foreign country on a drawee bank functioning in the foreign country and made payable there - Acts constituting offence committed outside India - Accused cannot be prosecuted in India...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance whether rightly taken - Cheque dated 06.04.2001 and bank account closed on 12.09.1998 - Provision of S.138 of the Act is not attracted in such a situation yet fact whether blank cheque was misused or presented late or that cheque was not issued towards existing liability are to be decided..........
