Negotiable Instruments Act, 1881, Section 138 -- Notice - Indication of any other sum other than amount of cheque - Notice is not invalidated...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Loan from two persons - Consolidated notice - Is valid if it provides sufficient information envisaged by the statutory provision and there is specific demand for the payment of the sum covered by the cheque dishonoured...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand made not of the cheque amount but only the loan amount - Further demands were also made - Demand of cheque amount was conspicuously absent - Notice is invalid not for the reason that further demands were also made but for the reason that it did not specifically contain any demand for the payment of the cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount if made within 15 days of receipt of notice or before the complaint is filed the legal liability u/s 138 ceases to operate and for recovery of other demands such as compensation, costs, interest etc. separate proceedings lie...........
Negotiable Instruments Act, 1881, Section 138 -- Components of offence under S.138 are: (1) drawing of the cheque by a person on an account maintained by him with a banker, for payment to another person from out of that account for discharge in whole/part any debt or liability, (2) presentation of the charge by the payee or the holder in due course to the bank, (3)..........
Negotiable Instruments Act, 1881, Section 138 -- Clause (b) of the proviso - Dishonour of cheque - Notice - Consolidated notice - Cheque issued in lieu of loan to both husband and wife by the accused dishonoured - Consolidated notice issued making demand for the payment of loan amount - It did not specifically contain any demand for the payment of the bounced cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Components of offence under Section 138 are : (i) drawing of cheque by a person on an account maintained by him with a banker for payment to another person from out of that account for discharge in whole/part any debt or liability, - (ii) presentation of cheque by the payee or the holder in due course..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Addressed to correct address but misdescription of address in notice - Benefit of doubt does not go to accused...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Typographical mistake as to presentation of cheque, date of its dishonour etc. - Held, hyper technical view should not be taken when material is there on record to reveal the substance of the notice - Accused cannot be permitted to take advantage of the typing mistake...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - Unregistered - Complaint by partner of an unregistered firm is maintainable as S.69 Partnership Act is not applicable to criminal proceedings...........
