Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient amount in the account maintained by drawer on the date of presentation of cheque - Business terms were admitted between parties - Cheque in question not encased on the ground of stop payment instruction given to concerned bank by drawer - Summoning order was passed on the basis..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice u/s 138(b) of the Act is mandatory on receipt of intimation from bank - Non-compliance of mandatory provision - No offence u/s 138 of the Act will be attracted - Order passed by Courts below is quashed and set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 15 -- Dishonour of cheque - Part payment paid - No endorsement made for the same either on the back of the cheque or face thereof - Complainant claimed cheque amount - Held, no offence u/s 138 of the Act is made out...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute an offence u/s 138 of Act, cheque should be given in discharge of a debt either in whole or in part or any liability - If cheque amount is higher than the debt or liability, S.138 of Act, would not get attracted...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the complaint u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made during validity of cheque and before presentation - Complaint filed for the balance amount without there being compliance of endorsement as provided u/s 56 of the Act - Endorsement as required u/s 56 of the Act has to be obtained before presenting the cheque to claim the balance..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not applicable to complaint filed u/s 138 of Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - In order to bring a case within S.141 of Act, complaint must disclose necessary facts which make a person liable - Liability arises on account of conduct, act or omission on the part of a person and not merely on account of holding an office or a position..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Magistrate while summoning petitioners categorically recorded that there is prima facie material to issue process - Issue whether petitioners were Directors on the relevant date or not is a question of fact - Court at this stage is not inclined to go..........
