Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Withdrawal of prosecution against company is a product of Court not a prayer of complainant - Complainant cannot suffer adversely for fault of a Court - Order of withdrawal of complaint qua Company set aside and trial Court directed to dispose of complaint within three months...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act already stands withdrawn by complainant on having received the entire cheque amount - No useful purpose is going to be served by carrying on with the proceedings arising out of FIR - FIR u/s 174-A..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Demand notice - 20.09.1995 is the date of refusal to receive notice as per postal endorsement - 15 days fell on 05.10.1995 - Complaint filed on 05.10.1995 - Complaint should have been instituted on or after 16th day - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditional cheque - Condition that before presentation of cheque, notice should be given to drawer of cheque - Cheque presented without prior notice and dishonoured - Still liability u/s 138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditional cheque - Condition that before presentation of cheque, notice should be given to drawer of cheque - Cheque presented without prior notice and dishonoured - Still liability u/s 138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
