Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of liability of another - Such a cheque does not fall outside the purview/sweep of the provisions of S.138 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Court has no power to condone delay - S.5 Limitation Act is not applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Sleeping partner - Proceedings not to be quashed against a partner on ground that he was a sleeping partner - Disputed question of fact be decided during trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution proceedings not to be quashed at initial stage if uncontroverted allegations in complaint and evidence recorded at the preliminary stage of enquiry prima facie bring out the case within the ambit of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - Sleeping partner or that cheque is signed by another partner - Every person who is incharge and is responsible for conducting the business is responsible for the offence u/s 138 NI Act - Order dismissing petition for discharge of petitioner suffers no illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Period of 30 days expiring on a holiday - Complaint filed on next day is valid...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Death of payee within two days - Complaint by L.R's - Not maintainable - Drawer could not comply with the notice to make payment within 15 days - The liability to search and find out the legal heirs to pay the amount covered by the cheque to them within the period of 15 days prescribed is not obviously be read into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sister concerns - Cheque issued to discharge the liability of company `A' drawn on account of company `B' which is a sister concern of company `A' - Held, company `A' cannot escape the liable on the premise that it is not the maker or drawer of the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Once issued, though unserved, complainant forfeits his right to present the cheque again - If notice issued within time and the same is not served for any reason, complainant is not bared to issue another notice even though it exceeds the period of fifteen days - Presentation of cheque again on the ground that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint barred by limitation or that complainant manipulated bank memo to cover demand notice within limitation of 15 days - Such pleas to be agitated before Magistrate at the time of trial...........
