Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - 'Within thirty days' - Means information received from the bank where cheque is presented for collection and not from information sent by drawer's bank to payee's bank...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (a) - Presentation of cheque to the bank within a period of six months from the date on which it is drawn - Means cheque to be presented to the Bank on which the cheque is drawn...........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Insufficiency of fund - Complainant by presenting evidence proving outstanding liability from accused - Statutory notice was served well within time - Insufficiency of funds not disputed by accused - Accused upon receipt of notice filed suit before Munsiff Court to avoid misuse of cheque by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque issued as collateral security - Provision of S.138 is not attracted as there was no subsisting liability or debt on the date of issue of cheque - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship firm - Cheque issued by proprietor - Firm need not to be impleaded as a party - Proceedings can be launched against the person who had drawn the cheque whether it is in his capacity as the proprietor of the firm or in personal capacity...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Non fulfilment of conditions of contract by complainant - Contents of accusation read over to accused - Case fixed for evidence - No question of stopping the proceedings arises - Application for quashing of complaint rightly dismissed by Court below...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Cheque - Name, date and amount alleged to be put by the complainant and complainant denied this suggestion - Court directing for comparison of handwriting of complainant with the disputed handwriting on the cheque - Held, Magistrate has committed no illegality or irregularity...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Cheque - Name, date and amount alleged to be put by complainant and complainant denied this suggestion - Accused moved an application for comparison of his handwriting with the disputed handwriting on the cheque - Court instead ordering comparison of handwriting of complainant with the..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Part payment made - Cheque presented for the entire amount and dishonoured - Notice issued for the balance amount due - As demand is for the lesser amount than covered by the cheque as such it is not a valid notice - Accused is entitled for acquittal...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Must be for the payment covered by cheque - If demand is for a lesser amount or for a higher amount not covered by the cheque, which was dishonoured, then the prosecution must fail as the statutory requirement of S.138 Proviso (b) is not fulfilled...........
