Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment or closing of account - Means there was no money in the account - Held, it is squarely covered by S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reported stolen - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205 -- Dishonour of cheque - Summons issued - Subsequent issuance of warrants - Not a reason to insist personal appearance of accused to consider an application for exemption or to plead guilty or not guilty, if Court is satisfied that there is ground to grant exemption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability - Acquittal calls for no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court has jurisdiction at any one of the local areas within the territorial limits of which any one of the five acts is done viz. (1) Drawing of the cheque; (2) Presentation of the cheque to the bank; (3) Returning the cheque unpaid by the drawee bank; (4) Giving notice in writing to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A portion of cheque amount repaid - Whole amount of debt or liability was lesser than the amount represented by the cheque - No offence u/s 138 of the Act is made out when such a cheque is dishonoured...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 256 -- Dishonour of cheque - Complaint - Dismissal of complaint on ground of non prosecution - Both complainant and accused absent - In absence of accused hearing could not have been done - Proviso to S.256 Cr.P.C. comes into play as personal attendance of complainant was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued but not served - Cheque presented for the second time and again dishonoured - Notice issued in the name of a wrong person - Cheque presented for the third time and again dishonoured - Notice issued for the third time - No payment received - Complaint filed - Not illegal - Held, cause of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditions required to be complied with before taking cognizance are (i) that the cheque must be presented within a period of six months from the date on which it is drawn; (ii) on the cheque being returned un-paid by the banker, a notice has to be issued within thirty days from the date of receipt of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.5 lakhs - Plea of never taking a loan - Held, once accused comes with a specific case that he never took loan from the complainant, it is for the complainant to lead cogent evidence o prove as to from where he advanced such a substantial sum to the accused by way of loan - In the instant..........
