Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - An employee filed complaint on behalf of company - Letter authorising employee to file complaint not filed - Though this is a curable defect but same not removed even during trial - Held, complaint not maintainable for want of authority letter...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Change of date without authorisation - Material alteration - Accused in his statement u/s 313 Cr.P.C. merely stated that he gave the cheques but it no where speaks about the change in dates - Held, complainant cannot get any benefit of statement of accused u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Change in date - It is for the complainant to prove that change in the date was made with the consent of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Proof of - Carbon copy of notice not filed - Photostat copy of notice not admissible in evidence - Accused admitted having received notice and that he replied notice - Complaint cannot be held to be defective on ground of lack of proof of notice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured and notice issued - Cheque presented again on request of accused and again dishonoured - Notice issued for the second time - Complaint filed on the basis of dishonour of cheque for the second time - Request to represent the cheque does not extend the cause of action nor amount to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Despatch of notice within 30 days is the requirement of law - Date of receipt of notice is not crucial or relevant...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Company - Additional accused - Averments unspecific and general - No particular role assigned to petitioner - Summoning order concerning petitioner quashed - However, trial Court will be at liberty to exercise its power u/s 319 Cr.P.C. to summon an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Notice again issued - Complaint filed on the basis of second notice - Held, cause of action to file complaint accrues only once - Complaint should have been filed after issuance of the first notice - Complaint on the basis of second notice..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Claim as to non receipt of - Drawer can still make the payment of cheque amount within 15 days of the receipt of summons and can absolve himself of prosecution u/s 138 of the Act - If drawer does not make payment of cheque amount within 15 days of the receipt of summons then plea of proper service of notice is not..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by registered post at correct address - Notice received back with postal endorsement that addressee was abroad - Held, provision of S.138 is sufficiently complied with...........
