Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - No form of notice is prescribed u/s 138(b) Proviso of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Requirement of giving notice to drawer of cheque is to enable him to avoid a prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - There was only one transaction of sale of property of complainant and his wife to children of petitioner - Fact that four sale deeds are executed on two dates does not mean that there was several transactions between them - Notice sent by complainant to accused contains all relevant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Neither accused confront complainant with copy of notice nor accused filed a copy of it along with the statement u/s 313 Cr.P.C. - Even, accused does not send any reply notice to statutory demand notice nor issued directions to his bank to stop payment - Moreover, accused fail to discharge..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Cheque issued by Director and Executive Director of company - Company was not arraigned as a party and only individuals are arraigned as party - No statutory notice was issued as against petitioner - Petitioner was implicated by filing a petition u/s 319 Cr.P.C and same was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When loan amount and cheque amount are same, contention that demand made by notice was for loan amount cannot be accepted...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time - Since this has not been averred as a fact therefore, there is no deemed liability of..........
