Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused ready to settle the amount in forty installments for which complainant not agreeable - Held, admission itself is sufficient and there need not be any proof of admission - Accused have to be held guilty of the offence u/s 138 of NI Act...........
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 4, Stamp Act, 1899, Section 2(22), 2(23) -- Pronote - Defect or deficiency in stamps - Not curable once pronote is produced in Court...........
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 4, Stamp Act, 1899, Section 2(22), 2(23) -- Promissory note or receipt - Document acknowledging fact that defendant received a sum of Rs.5 lakhs - Document not referring to person to whom it was undertaken to pay - Document is a receipt and not a promissory note...........
