Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Trial of a case u/s 138 of the Act shall only be by a Court within whose local jurisdiction a cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account is situated...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Substantive proceedings u/s 138 of N.I. Act have already been amicably resolved amongst parties, resulting in withdrawal of complaint or quashing of proceedings - FIR registered u/s 174-A IPC as a result of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - Direction to deposit 20% of cheque amount as interim compensation cannot be held as illegal, excessive and in violation of statue - Said order cannot be interfered with - Petition u/s 482 Cr.P.C challenging said order dismissed...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Proceedings were launched on 12th day from service of notice and before expiry of 15 days mandatory period as provided u/s 138(c) of the Act - No cause of action thus accrued to complainant - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Friendly loan - Basic ingredients which are required for transaction not disputed - There is no dispute relating to issuing of demand notice by complainant to accused - Accused sentenced to pay Rs.3,00,000/- in default S.I. of One year u/S.138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Requirement for at least stating that person who is responsible or in-charge for day-to-day conduct of business of company was also holding his office at relevant point of time when offence was committed - That part of averment whether person was holding office at time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Difference of signatures - Cheque dishonoured for difference of signatures constitutes offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a settlement after appellate Court had upheld conviction of petitioner - Offences under the Act can be compounded at any stage of proceedings - Keeping in view the spirit of S.147 of the Act, offence u/s 138 of the Act can be compounded - Conviction..........
