Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of payment of interest - Validity - Held, S.138 of N.I. Act does not envisage payment of interest and even if interest is not paid, complaint u/s.138 of the N.I. Act cannot be filed - Yet, simply because demand of payment of interest was also made in notice, it would not lose its character of a demand notice..........
Negotiable Instruments Act, 1881, Section 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of proceedings - Company has not been made an accused in complaint case which is filed only against petitioner describing him in his official capacity - Held, cognizance taken against petitioner for..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Proceeding initiated u/s 138 of N.I. Act sought to be quashed on ground that there was proceeding `stop payment" instruction - Held, proceedings cannot be quashed on ground of "stop payment" instruction - Rather in view of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal as time barred - Admittedly, within a period of 30 days after completion of 15 days of service of notice upon accused, complainant has not filed complaint - No request to condone delay has been made - Held, no illegality has been committed by Magistrate in dismissing complaint..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietary firm - Dishonor of cheque allegedly issued, signed and drawn from bank account maintained by accused No.1, wife of applicant/accused No.2, proprietor of Proprietorship Firm - Applicant/accused No.2 is neither signatory to cheques in question which are dishonored nor same are drawn from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of debt - Dispute is with regard to Rs.25000/- which was due upon applicant to be paid to respondent - Respondent instituted two complaints u/s 138 of NI Act - Applicant submitted that he is ready to give Bank Drafts, each amounting to Rs.25,000/- - Held, applicant is directed to deposit Bank..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Conviction - Validity - Evidence of accused that he gave cheque as collateral security originally and amount was repaid in presence of two witnesses who were not examined - Held, presumption u/s.20 of N.I. Act that once a blank cheque is given, complainant has authority to fill up document, but, at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Statutory notice dated 15.03.2003 came to be served for first time and therefore, cause of action for complainant to file complaint can be said to have been arisen after 15 days from service of said notice and within 30 days thereafter complainant was required to file complaint,..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326 -- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - If the office bearer receiving notice prefers to give the reply to statutory notice, it is not sufficient for him to only deny the responsibility, but it becomes necessary for him to say something on behalf of company about the person who can be held responsible u/s 138(b) of..........
