Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand is to be of cheque amount - Where in addition to payment of cheque amount drawee has also demanded payment of balance of principal amount of loan and up-to-date interest and the amounts are severable, notice cannot be held invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Separate demand must be made in respect of each dishonoured cheque, by each of complainants - Common notice combining claims of two complainants is not valid even though complainants are related to each other as husband and wife - Where one combined notice of husband and wife was issued demanding payment of total..........
Negotiable Instruments Act, 1881, Section 138 -- Document sought to be produced by recalling a witness - Authority to file complaint by a resolution of Board of Directors - However, alongwith complaint another document filed - Relevant document mentioned in the list of documents filed alongwith complaint - Refusal of lower Court to recall witness for marking the correct..........
Negotiable Instruments Act, 1881, Section 138 -- Sentence - Courts must take into consideration all aspects of the case including the financial loss caused to the payee or holder in due course of the cheque, the quantum of the amount involved in the cheque, status of the accused as well as of the complainant, time and costs consumed in the litigation etc...........
Negotiable Instruments Act, 1881, Section 138 -- Sentence - Magistrate of First Class can impose fine exceeding Rs.5, 000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Sentence - Amount involved in cheques amounting to Rs.26, 501/- Trial Court imposed fine of Rs.10, 000/- - Cheques issued in the year 1990 - Almost 10 years have lapsed - Complainant must have suffered financially due to non-availability of the amount - Respondents are the Company and its Managing Director - Held, Court..........
Negotiable Instruments Act, 1881, Section 138 -- Appeal against conviction and fine - Pending appeal entire amount of cheque paid and sworn affidavit filed - Appellant saved from imprisonment part of sentence - Appellant to pay fine of Rs.5,000/- within four weeks in the trial Court and failure would attract simple imprisonment for three months...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque drawn in the name of 'Indusind Bank Limited A/c Credential Finance Limited or Bearer' - Cheque dishonoured - Complaint not maintainable by bank - Bank was not the payee - Complaint is maintainable by petitioner who is the payee...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque drawn in the name of 'Indusind Bank Limited A/c Credential Finance Limited or Bearer' - Held, if Banker's name is shown in the Payee's column before the account holders name and it is crossed specially in conformity with S.124 of the Act, then it can be treated as cross cheque specially authorising the bank to collect..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Main factors to maintain a complaint are: (i) The cheque in question should have been issued in discharge of whole or in part of a debt or liability; (ii) The cheque should be presented for payment within six months or its specific period, whichever is earlier; (iii) The payee or holder should give..........
