Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Merely issuing notice from Bangalore does not confer jurisdiction on Court at that place when both parties are in Mumbai and cheque was issued and dishonoured at Mumbai and it was in Mumbai that accused received notice of dishonour of cheque - Complaint ordered to be returned to be..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Quashing of - No notice was given to him - Held, petitioner cannot be prosecuted for the offence u/s 138 of NI Act when no statutory notice was issued to him - Offence u/s 138 of NI Act would be committed only..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Some innocuous inconsistency between the real nature of transactions and the pleading regarding such transactions, in complaint and notice, is not sufficient to hold that the burden of the accused is discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove any document of loan or guarantee - Complainant could not specify the date on which the loan was sanctioned - Neither in complaint nor in notice nor in affidavit it was disclosed that liability was towards the loan taken by the husband of the accused - Accused did not give..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan liability - In reply to demand notice accused stated that cheque was given as security of a chit run by wife of complainant - Complainant not proved his capacity to make payment of loan amount Rs.6 lakhs - Transaction between wife of complainant and accused not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Demand notice has not been deemed to be served upon accused - Material on records presented by accused proving that plaintiff has received entire amount and matter has been settled - Acquittal of accused, proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Presentation of cheque and issuance of notice - If cheque is presented at a place where complainant does not ordinarily resides or carries on his business and issues notice from that place then Court at that place has no jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - Neither mentioned in complaint nor in statement or in counter affidavit - Even during arguments complainant could not point out date of service of notice - In absence of date of service of notice, no offence u/s 138 of the Act is made out against the accused - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque number wrongly mentioned in notice - Quashing of complaint sought - Held, there is nothing in S.138 of the Act to show that number of dishonoured cheque also should be mentioned either in statutory notice or in complaint - Hence wrong mention of cheque number in notice, or in complaint - Hence,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused received demand notice on 6.11.2004 and got prepared a demand draft of equivalent amount on 17.11.2004 and dispatched on 18.11.2004 through Registered post - It cannot be said that payment was not sent to the cheque holder within time - Complaint quashed...........
