Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Time barred debt - Loan transaction taking place in 1994 and cheque for repayment of loan issued for the year 1999 - Loan amount became time barred in the year 1997 - Held, there is no legal bar for the debtor agreeing to pay the time barred debt - No fresh consideration is required for debtor's..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Manager filed complaint - Manager not duly authorized by Board of Directors to sign and file the complaint - Not a ground for quashing the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Non-effective representation of complaint - In absence of any power of attorney or a valid authority by complainant in favour of said Recovery Officer, complaint itself cannot be entertained therefore, conviction based on such a complaint, is liable to be set aside - Conviction set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There was no debt or liability at the time when cheque was given - Complaint not maintainable - Summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Interest - Direction can be issued u/s 357(3) Cr.P.C. for payment of interest...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Interest - Court can ascertain the loss which the complainant would suffer/has suffered on account of the delay in payment and appropriate rate of interest can be directed to be paid, consistent with the rate of interest payable by the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Compensation - Unless amount is claimable in civil suit, direction u/s 357(1) or S.357(3) Cr.P.C. for payment of compensation cannot be issued...........
Negotiable Instruments Act, 1881, Section 138, 30 -- Dishonour of cheque - Compensation - When dishonour of cheque takes place, certainly the holder is entitled to be compensated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 460, 14 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Complaint filed in the Court of CJM whereas it had to be filed in the Court of Magistrate in the same district - CJM erroneously took cognizance - Complaint returned to be presented in a Court having territorial..........
