Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
Negotiable Instruments Act, 1881, Section 138, Contract Act, 1872, Section 25(3) -- Dishonour of cheque - Cheque issued towards time barred debt - Held, promise to pay time barred debt becomes a valid contract - Such cheque becomes a cheque drawn in discharge of a legally enforceable debt as contemplated by explanation to S.138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant - In present case, object..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Common notice in respect to all cases and cheques allegedly dishonoured are of different amounts and are of different dates - Absence of specific demand under the notice - Held, notice issued by respondent/complainant cannot be treated as a valid notice for the purpose of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to remain deprived of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complainant issued demand notice for loan amount instead of cheque amount - Held, such notice is invalid - Valid notice of demand in writing for cheque amount is to be issued - Necessary requirements for constituting offence u/s 138 of the NI Act cannot be said to have seen..........
Negotiable Instruments Act, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand made to make the payment immediately - The word `immediately' covers the period within 15 days - Notice perfectly legal and valid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque drawn towards part satisfaction of pronote - Demand of amount due under the pronote and not demand of cheque amount - If there is absence of demand for the amount covered by the bounced cheque and if it is conspicuously absent in the notice, it is to be treated as imperfect notice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Not claimed' - Endorsement `Not claimed' neither signed by postman nor by post master - No mention in complaint about the date on which statutory notice was served or at least deemed to have been served - Intimation to collect registered letter not proved..........
