Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank dishonoured cheque on ground that it is reported lost by the drawer - Not an offence within meaning of S.138 of the Act - Penal provision of S.138 of the Act is attracted when such dishonour is (i) because the amount of money standing to the credit of that account is insufficient to honour the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court while exercising its jurisdiction for taking cognizance of an offence is required to consider only the allegations made in the complaint and the evidence of the complainant and his witnesses...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence during pendency of appeal - Dishonour of cheque - Accused convicted - Appeal against - Sentence suspended during pendency of appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Pre-mature complaint - Cognizance if taken after mandatory period as prescribed u/s 142 of the Act then complaint not to be dismissed as pre mature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence witnesses - Trial Court denying to summon defence witnesses - Order set aside - Trial Court directed to summon those witnesses who are named in the application...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards time barred debt - Debt not acknowledged within limitation - Dishonoured cheque in question cannot be treated as acknowledgment u/s.18 of Limitation Act - No offence made out u/s.138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal of presumption - Repayment of loan by cheque - Earlier cheque not returned which was alleged to be lost - Letter admitting repayment also produced - Held, accused prima facie established that he repaid the loan amount - Though complainant disputed repayment of loan but did not explain how..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed by payee through his power of attorney holder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment - Period of fifteen days was made into thirty days by amendment w.e.f. 6.2.2003 - Amendment is prospective in nature and not retrospective in nature - Demand of payment not made within 15 days of the receipt of information from Bank (Cheque unpaid returned on 10.3.1999 but..........
