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 -- Dishonour of cheque - Legally enforceable debt - Agreement to sell property - Transaction for sale of a site - Agreement shows that complainant had received Rs.2,00,000/- from accused as consideration for selling a site which he did not do - Cheque in possession of complainant was not issued in respect of any debt or legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Strict liability - Held, ingredients of S.138 of N.I. Act creates a strict liability - Whether to take recourse to a proceedings u/s.138 of N.I. Act or to file a civil suit by means of a civil remedy is within the choice of affected person - S.138 of the Act has specified a contractual violation as an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Injunction by civil court from proceeding with the presentation of cheque for encashing them pending disposal of Arbitration proceedings - Held, injunction is against the statutory provisions in Ss.138, 141 & 142 of NI Act - Injunction is to be deemed to be non est (with regards to the criminal..........
Negotiable Instruments Act, 1881, Section 138(b), 93 -- Dishonour of cheque - Mode of service u/s 94 of the Act - Held, u/s 93 of the Act, notice is contemplated to be issued by holder of instrument in case of dishonour by no, payment to all parties whom holder of instrument seeks to make severally liable thereon and to some one of the several parties whom he seeks to make..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 - Cheque issued in discharge of an existing liability - There may be an offence u/s 138 of Negotiable Instruments Act for which a complaint should have been filed - Dispute is of civil nature - Dishonour of cheque does not..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Money suit - Legally enforceable liability - Defendant issued a cheque for a sum of Rs.1,00,000/- and same was dis-honoured - Plaintiff instituted complaint against defendant u/s.138 of N.I. Act and later on same was withdrawn - Held, withdrawal of said complaint would only go to indicate that there was no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed Rs.44 lakhs - There is no evidence that they have repaid the amount and their evidence is that they have issued cheque and a civil case has been filed and decree would have been obtained - Furthermore, at the time of availing loan, petitioners have furnished property as security, which..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount and incidental charges - Cheque amount and incidental charges shown separately - Notice not invalid if cheque amount and incidental charges are separable - If accused pays the cheque amount, he will be absolved from the criminal liability - For incidental charges, a..........
