Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures on cheque by FSL - Cheque can be sent for comparison of signatures only when there is a specific plea that the said cheque was not signed by her - In reply to the notice accused stated that the said cheque was not issued by her and it was not stated that it was not signed by her..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not issued within time - Acquittal upheld - Bank vide its letter dt.13.1.2003 intimated its dishonour - Complainant issued notice on 8.2.2003 - Amendment of notice period from 15 days to 30 days brought into force on 6.2.2003 - Amendment not retrospective in nature - Notice was required to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued and duly served - No action taken on non payment - Notice issued for the second time - Complaint filed on the basis of second notice - Cause of action to file complaint on non-payment despite issue of notice, arises once - Another cause of action would not arise on repeated dishonour on..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal endorsement of `Refusal' 8.12.1998 - There is presumption of service of notice when notice is received back with an endorsement of refusal - Second notice issued on the basis of which complaint filed - Held, cause of action arises once only - Complaint not filed within time on the basis..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non mention of 15 days period within which the amount was payable - Notice is not defective - Provision of S.138 of the Act only stipulates that accused becomes liable for prosecution if he does not pay the amount within fifteen days from the date of receipt of notice - It does not speak of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address received back with postal endorsement `unclaimed' - Notice will be presumed to have been served ...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made before presentation of the cheque - It should be endorsed and claim should be limited to the extent of liability - If inspite of part payment demand notice is issued of the entire amount of cheque and prosecution is launched for the entire amount then no offence u/s 138 of the Act is..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Notice - Requirement - Complainant has not issued notice to petitioner calling upon him to make payment within 15 days - Held, it cannot be held that petitioner had committed an offence punishable u/s 138, as..........
