Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to repay loan dishonoured - Plaintiff/Bank credited account of defendant assuming that cheque was cleared - Defendant withdrew the amount - Recovery suit filed by plaintiff/Bank - Held, it was for defendant to take steps against drawer of cheque once he received notice from Bank - It..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Held, there is no requirement of law that if a suit is filed for recovery of an amount due on a dishonoured cheque, and which is thus based on a specific/particular cause of action, yet plaintiff in said suit must necessarily mention each and every other cause of action of other dishonoured cheques between..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Cheque in question got dishonoured on presentation - Subsequently, by a bank draft/bank transfer, amount in question was credited in account of respondent-company - Held, once amount after cheque was dishonoured had been received by complainant and credited in their account there was no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Business transaction between parties entered into at Kolkata - Cheque issued by petitioner, in course of business transaction, in favour of respondent were alleged to be dishonoured - Respondent/complainant has its office at Kolkata - Complaint u/s.138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Summoning order - Quashing of - Cheques issued by petitioner/husband to respondent/his wife got dishonoured - Evidence on record shows that cheques in question were issued by petitioner/husband towards his moral and social responsibility - Though..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complainant's case that cheque issued by petitioner's husband in respect of consideration for purchase of chamber for petitioner got dishonoured - No averment in complainant against petitioner except that she in wife of drawer of cheque in question - All dealings were made by husband and payments..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - Quashing of proceedings - Petitioner No.1 ceased to be a director in accused company way back on 12.11.2009 - Although petitioner No.1 can be assumed to be privy to transaction, he cannot be assumed to be privy to issue or dishonour of cheques as cheques were..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal of - Validity - Case of respondent/complainant that cheque given by petitioner/accused on account of transaction that took place between parties got dishonoured - Petitioner has not paid any amount after receiving notice from respondent - Lower Court took cognizance and after..........
Motor Vehicles Act, 1988, Section 147(5),149(1) -- Insurance policy - Issued on receipt of cheque - Cheque dishonoured - Insurance company is liable to indemnify third party in respect of liability which that policy covered and has to satisfy award of compensation, unless the policy of insurance is cancelled by the authorized insurer and intimation of such cancellation..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued..........
