Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back unserved - Period of 15 days starts from the date when complainant actually received back the unserved notice...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Limitation of 15 days - Starts from the date when accused actually receives the notice or the date on which the accused can receive the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent through registered cover at correct address - Accused not available at his residence, deliberately or otherwise, as such notice received back unserved - Date of service of notice will be presumed when complainant got back the unserved notice...........
Negotiable Instruments Act, 1881, Section 138 -- Account closed - Dishonour of cheque - Offence will be committed only if account is closed after issuance of cheque and not when cheque is issued after closure of account...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Post dated cheque issued by an officer of Company - Said officer resigned before due date and this fact conveyed to office of Registrar of Companies and was registered there also - Said officer cannot be held to be an officer responsible for the management of the company on the date the offence can be said to have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Complaint - Court can acquit accused in middle of trial before recording evidence if on bare reading of complaint no offence is made out and yet the process is issued...........
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal in default - Counsel for complainant moved an application praying exemption from personal appearance on plea that telegram was received that complainant a 70 years old person was not well - Magistrate without assigning any reason rejected the application -..........
Negotiable Instruments Act, 1881, Section 138 -- Notice issued to payee not to present cheque - Cannot prevent payee from presenting cheque to his Bank for collection of amount and from instituting criminal proceedings on dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- 'Another person' refers to payee, holder, holder in due course and endorsee - These words carry same meaning as they are understood in civil jurisprudence - Consideration inter se between drawee and holder in due course is not necessary to bind drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque without consideration - Burden to prove that there subsists no debt or liability is on accused...........
