Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Merely because the drawer issued notice to the drawee or to the bank for stoppage of payment it will not preclude an action under S.138 of the Act by the drawee or the holder of the cheque in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Provision - Applicability - It is legally perverse to say that provision is applicable only in case of transaction involving Mercantile relationship...........
Negotiable Instruments Act, 1881, Section 138 -- Provision - Applicability - When it is a legally enforceable debt or liability then S.138 applies and relationship of parties is not at all a factor germane to the proceeding...........
Negotiable Instruments Act, 1881, Section 139 -- Cheque issued - It is to be presumed that it is issued in discharge of a debt or other liability - This presumption can be rebutted by adducing evidence and the burden of proof is on the person who wants to rebut the presumption...........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Negotiable Instruments Act, 1881, Section 118 -- Summary suit for recovery - Filed on the basis of pronote - Pronote a negotiable instrument - Denial of receipt of consideration as also signature on pronote by defendant - Plaintiff has to prove execution of pronote in accordance with law - His plea that there is presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissed in default - Complaint restored on the ground that it was still at the initial stage of summoning the accused - No illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship concern - It is not necessary to implead the proprietary concern as a party when it is a sole proprietary concern...........
Negotiable Instruments Act, 1881, Section 138 -- Offence u/s 138 Negotiable Instruments Act is compoundable...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Indication of any other sum other than amount of cheque - Notice is not invalidated...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Loan from two persons - Consolidated notice - Is valid if it provides sufficient information envisaged by the statutory provision and there is specific demand for the payment of the sum covered by the cheque dishonoured...........
