Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Bank memo received on 5.5.1997 - Notice issued on 21.5.1997 - Notice not sent within 15 days of receipt of information regarding dishonour of cheque - Accused acquitted - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of - Averment that petitioners/directors were i, charge of and responsible to company at the time of commission of offence, which is an absolute requisite has not been made - Held, proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by accused in lieu of supply of glass bottles by complainant - Cheque when presented for encashment dishonoured with endorsement `stop payment' - Before filing complaint for dishonour of cheque, complainant complied all the mandatory procedure - No reply was given by accused to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If the complainant calls upon the accused to make payment at a place mentioned in the demand notice and the accused fails to make payment at that place, part of cause of action arises at that place...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Registered office of complainant at Mumbai, purchase order placed at Mumbai, statutory notice issued from Mumbai and accused was called upon to pay the amount at Mumbai, cheque was deposited at Mumbai and it was dishonoured at Mumbai - Held, Court at Mumbai has jurisdiction...........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Presumption - Rebuttal - Complainant Income Tax Payer - Non production of Income Tax Return or account - Held, absence of or non production of such evidence not sufficient to rebut statutory presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued against loan transaction - Mere denial of loan transaction and to say that brother of complainant committed theft of cheque not sufficient - Accused allegedly lodged complaint with the police regarding theft of cheque but copy of complaint not produced - Held, court shall presume u/ss 118..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Deposit of 50% of the fine amount - Not mandatory - Prayer of complainant for direction to accused to deposit 50% of fine amount for suspension of sentence during pendency of appeal declined - Nothing illegal - Warrants no..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction of accused - Accused in custody and serving sentence - However parties compromised and filed joint compound petition - Held, offence u/s 138 of Act is compoundable - Thus in face of compromise, accused acquitted of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 177, 178, 482 -- Dishonour of cheque - Lack of territorial jurisdiction - Cheque in question was drawn on a bank situated at R.N.Mukherjee Road, Kolkata and cheque was dishonoured by said bank - Demand notice was served upon complainant at his address at Kolkata - Held, Court at..........
