Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Court at place where cheque is presented for collection in a bank where payee or holder in due course maintains his account, has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issuance of different cheques during the same course of business - All complaints arising out of such different cheques be entrusted to one and the same Court to facilitate easy disposal and uniformity...........
Negotiable Instruments Act, 1881, Section 138, 142(As -- (As amended w.e.f. 15.06.2015) - Dishonour of cheque - Jurisdiction - Court at place where cheque is presented for collection in a bank where payee or holder in due course maintains his account, has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142(As -- (As amended w.e.f. 15.06.2015) - Dishonour of cheque - Issuance of different cheques during the same course of business - All complaints arising out of such different cheques be entrusted to one and the same Court to facilitate easy disposal and uniformity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed through power of attorney holder on behalf of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to satisfy the decree passed by Arbitral Tribunal - Complainant already approached the competent Court for Executing the said decree - Mere pendency of execution of arbitral award would not preclude the complainant from availing the remedy u/s 138 of Act - Moreover, cheque that was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for refund of amount deposited towards security - It is liability which is legally recoverable - It cannot be said that cheque was issued as security...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence within the contemplation of S.138 is complete with dishonour of cheque - But taking cognizance of same by any Court is forbidden so long as complainant does not have cause of action to file the complaint in the terms of S.138(c) proviso read with S.142 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where cheques were given towards advance payment, upon default for no, payment the drawer of cheque cannot be proceeded against under N.I. Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Limitation - Crucial date for computing the period of limitation is the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by Magistrate...........
