Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action to file complaint - Arising of - Held, cause of action for an offence u/s 138 of NI Act arises only when on a dishonour of cheque and after receipt of notice accused fails to make payment of said amount of money to payee or as case may be to holder in due course of cheque within 15 days..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Validity - Cheque was drawn on 23.11.2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on 23.05.2003 i.e. one day after expiry..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Contention that petitioner No.1 (director of company) have resigned from board of directors much prior to issuance of dishonoured cheque - No specific allegation against petitioner No.1, especially in the light of reply of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant - In present case, object..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant has proved beyond doubt that there was loan transaction between parties and applicant/accused gave cheque of Rs.1,50,000/- which got dishonoured - Notice of payment was given and thereafter, criminal complaint was lodged within time - Held, trial Court as well as..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Held, in order to invoke S.141 of NI Act, necessary averments should be found in complaint, u/s 138 of NI Act - Purpose of issuing notice to accused for compliance of demand made therein is not for fastening..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Second demand notice - Issuance of - Held, cheque can be presented any number of time and on each presentation of cheque and its dishonour a fresh right and not a cause of action accrues in favour of payee - But once a notice u/clause (b) of S.138 of the NI Act is received by drawer of cheque,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - First legal notice was issued on 16.09.1998 - - Second legal notice on 08.10.1998 - Complaint filed on 12.11.1998 - Held, complaint is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Common notice in respect to all cases and cheques allegedly dishonoured are of different amounts and are of different dates - Absence of specific demand under the notice - Held, notice issued by respondent/complainant cannot be treated as a valid notice for the purpose of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - In the notice dated 09.01.1996, complainant has not taken the stand that in fact he came to know about dishonour of cheque on 27.12.1995 - Moreover, even in his testimony before Court, complainant has not taken such stand - Magistrate held that complainant knew about dishonor of..........
