Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of `Self' - Cheque issued by accused to complainant for liability of debt due on him - Cheque shows that it was bearer also as the words `or bearer' not cut by accused - Respondent became holder of cheque in due course - Contention that cheque was not drawn for any specific..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In reply to notice offer made to make payment by giving other cheques - It is a conditional offer - Cannot be said that drawer was ready and willing to make the payment - Complaint cannot be quashed on this ground - Plea to be raised during trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention in complaint as to reply given to statutory notice - Complaint cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Offence u/s 138 of the Act is committed...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Dishonour of cheque - Company declared sick by BIFR - Held, S.22 of SICA does not create any legal impediment for instituting and proceeding with a criminal case u/s 138 of the Act - Summoning order upheld...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Delay - Condonation of delay - Held, there is no power with Court to condone delay in issuing notice as contemplated u/s 138(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Sleeping Director - Not a ground to quash proceedings as it is a matter of evidence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of authorised signatory - Notice not given to company - Prosecution of authorised signatory also not sought u/s 141 of the Act as the person who was incharge of, and was responsible to the company for the conduct of its business - Process issued against accused quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Stop payment - Cheque dishonoured - Cheque presented again - Collecting bank returned cheque noticing defacement and it was never presented to drawer's bank - Cheque shall be deemed to be presented only once - Notice not served within statutory period when cheque was first dishonoured - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -First Proviso (a) - Dishonour of cheque - Complaint by a Govt. company - Examination of complainant on oath - Exemption - For applicability of S.200 1st Proviso (a) complaint should have been filed not only by a public servant who is acting in discharge of his official duties but..........
