Negotiable Instruments Act, 1881, Section 138 -- 10 Cheques dishonoured - Two notices each covering five cheques served on two different days and single complaint filed - Single cause of action arose, not when cheques were dishonoured but on service of notice and on failure to make payment - Single complaint cannot be said to be bad in law - Procedural provision of S.219..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued for a time barred debt - Cheque dishonoured - Time barred debt is not a legally enforceable debt - Hence, accused cannot be convicted u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Jurisdiction - Cheque presented at Delhi and dishonoured - Notice issued to drawer from Delhi but no payment made - Court at Delhi has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction and cause of action - Distinction - Cause of action is something quite different from jurisdiction - Cause of action must restrict itself to time whereas jurisdiction is a situs...........
Negotiable Instruments Act, 1881, Section 138 -- Compounding of offence - Trial Court convicted accused - During pendency of appeal parties arriving at settlement - Accused depositing amount of cheque before Appellate Court - Complainant undertook that he will not press for conviction and sentence - Appellate Court to consider subsequent events and pass orders according to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Person who is incharge and responsible to the Company for conduct of its business is also liable - Substance of the allegations read as a whole, should answer and fulfil the requirements of the ingredients of S.141 of the Act - Allegations made in the complaint when do not fulfil the requirements of the..........
Negotiable Instruments Act, 1881, Section 138 -- Pre mature complaint - It can either await maturity or be returned to the complainant for filing later - Complaint cannot be dismissed for the reason that it was presented at an earlier date and it also does not confer any right upon the accused to absolve himself from the criminal liability for the offence committed - A..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Trial Court awarding six months simple imprisonment - Accused paying amount due under cheque and interest thereon pending appeal - Held, no useful purpose would be served by sending accused back to jail - Imposing penalty of fine would meet ends of justice - Sentence substituted with fine..........
Negotiable Instruments Act, 1881, Section 138 -- Conviction - Appeal against - Compounding of offence - Parties entering into compromise - Accused paid the amount of cheque - Permission accorded to compound the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Director of Company who issued cheque resigned - Not a ground to quash complaint against him - The liability under the provision arises against a person who signs or issues the cheque which is subsequently dishonoured - Veracity of the averment will depend on the evidence produced at the trial...........
