Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self drawn cheque - Word `bearer' not deleted - Complainant in possession of cheque is obviously the holder of the cheque in due course - Complainant is entitled to initiate the proceedings - No illegality in summoning order...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability of Director - Nothing to show how petitioner was incharge and responsible for conduct of business of company in question - Documents produced on record by petitioner do not show that he was Director of Company at the time when cheque was issued - Document issued by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Cause of action - Complainant had already issued notice to petitioner on 04.07.2001 which was received by petitioner - Complaint filed on basis of subsequent notice allegedly issued on 31.07.2001 - Held, right to complainant was available to present cheque any number of times during..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment within 8 days - Law does not prescribe any period within which payment has to be made - Held, mentioning a period lesser than 15 days in the notice of demand does not affect the complainant's right to launch prosecution if the complainant has waited for 15 days and then..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - It is not necessary to mention any period in the notice within which the payment of cheque is necessary...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount paid before filing of complaint - Plea that payment not made within the stipulated period in notice - Legal liability ceased to exist - No useful purpose would be served in allowing the compliant to proceed any further - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Criminal complaint - Non-appearance of complaint - Acquittal of accused - Remedy thereagainst - Held, where complainant is absent and complaint is dismissed u/s 256 of Cr.P.C. it results in statutory acquittal of accused - If there is an acquittal of an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sufficient details of cheque not given - Notice is invalid - Any proceedings in pursuance thereof is illegal and is liable to be set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Complainant did not adhere to his case set out in complaint namely that loan was given at a stretch and on contrary admitted that it was given on two occasions - As per complainant, accused had agreed to pay same within one year, however, complainant is silent even on aspect as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of post dated cheque against purchase of goods - Accused asked the complainant to take back goods as he was closing business - Held, issuance of cheque was towards legally enforceable debt - Stopping payment after receiving goods does not exonerate accused of his liability...........
