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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 14, 190 -- Dishonour of cheque - Complaint - Jurisdiction - Every Judicial Magistrate in a district has jurisdiction to entertain a complaint - However, only jurisdictional Magistrate has power to try the same - If any Magistrate not empowered by law to do any other thing including to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Only the drawer of cheque is liable - A payee or an endorser is not liable under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of a time barred debt - Held, such a cheque is within the sweep of Section 138 Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 139, 138, 118 -- Dishonour of cheque - Cheque issued to discharge liability under a promissory note - Presumption under Sections 118 and 139 can be invoked when cheque is issued for discharge of a liability already existing under the promissory note...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan - Cheque continues to be one issued for the discharge of liability as contemplated u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Discharging of liability - Blank signed cheque given as security not taken back - No explanation as to why acknowledgment/voucher not taken when liability was discharged - Plea of discharge is so fragile and brittle that it must fall to the ground as improbable and unacceptable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Cheque amount Rs.20, 000/- - Accused sentenced to undergo imprisonment till rising of Court - Accused to pay Rs.27, 000/- as compensation and in default to undergo S.I. for a period of one month - If realised the entire amount be released to the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Accused appeared through counsel and moved an application for exemption from his personal appearance - Application dismissed and non bailable warrants issued and also issued process u/ss 82/83 Cr.P.C. - Order set aside - Issue of non bailable warrants and issue of process u/ss 82/83..........
