Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A person who issues the cheque which ultimately turns out to be bad is the person on whom the liability can be fastened under the Act - If a cheque has been issued by some other person from his account then in that eventuality nobody except the person who draws this cheque can be held liable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant gave Rs. 2, 00, 000/- to `A' - `A' gave said amount to `B' who issued cheque of Rs.2, 00, 000/- in favour of complainant which was dishonoured - `A' is not liable for prosecution...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - During pendency of proceedings parties compromised - Payment to be made in instalments - Complaint quashed in view of compromise - In case payment not made as agreed and as per schedule then complainant to get revive the complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Exemption from personnel appearance - Petitioner, a household lady, having two school going children - Petitioner has to also look after her old mother-in-law besides two school going children - Occurrence 5 years old - Exemption from personal appearance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Partnership business dissolved - Cheque of Rs.40, 000/- entrusted to brother of complainant - Agreement reduced to writing - Cheque drawn and handed over to brother of complainant could not have been made use of by the complainant, unless the complainant has a case that accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Accused sentenced to 1 year RI and fine imposed Rs.3 lacs - On appeal, appellate Court suspended sentence subject to deposit of fine of Rs.1.5 lacs - In terms of S.357(2) Cr.P.C. recovery of fine cannot be started until the period for filing appeal has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent as per registered post and also as per UPC - Notice sent as per registered post returned by postman by endorsing false report - Notice sent under UPC received by addressee - Service of notice denied by..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused took plea that cheque was in possession of complainant for collateral security - It is not a ground for quashing complaint - Such matter has to be looked into at stage of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action - Accrual - Cheque presented twice - On dishonour of cheque for the first time an intimation given that cheque is dishonoured for want of sufficient fund - Mere giving an intimation without demand of cheque amount is not a notice within the meaning of S.138 of the Act - Held, cause of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 561A -- Dishonour of cheque - Process issued - Quashing of proceedings - Cheque not presented within its validity period i.e. six months - Liability u/s 138 of Act not incurred - Proceedings quashed...........
