Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques - Accused making payment in respect of one cheque - Accused failed to make payment in respect of second cheque within 15 days of demand notice - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three cheque issued as security for future liability which may arise for supply of goods - Dishonour of cheques - No offence made out as there was no debt or liability on the date when the said cheques were issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Defence of accused was that a blank cheque was stolen by husband of complainant when he was serving as a Supervisor in accused company - Fact that husband of complainant was working in company was not seriously disputed - Record indicates that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of complaint - Limitation for - Held, payee has got a right to send cheque to bank for a number of times he pleases during period of its validity - Limitation period for sending notice would start only from date of receipt of last information regarding non payment of cheque - Position would have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Date of service of notice - Failure to mention - Maintainability - Held, if postal acknowledgment had not been received by complainant and so if actual date of service of notice could not be mentioned in complaint that would not render complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Issuance of notice - Mentioning or no, mentioning of time for payment of dishonored amount - Held, statutory time of 15 days has been provided in clause (C) of proviso to S.138 of the Act and if any other period is mentioned in notice or no period is mentioned in notice, the notice shall not be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Maintainability - Complaint filed before expiry of statutory notice period of 15 days - It is nowhere the case of accused that he had made payment to complainant within period of 15 days from date of receipt of notice - Magistrate took cognizance after expiry of statutory period of 15 days..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of two cheques - Joint complaint - Maintainability of - Held, as per S.219 Cr.P.C. if the offences are of same kind and punishable with same punishment under same section, court can try these offences of same kind committed within a year together - In present case, both..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Hire purchase agreement between parties - Presumption u/s 139 - Rebuttal of - Quashing of proceedings - In complaint it is clearly mentioned that even after seizing the vehicle and selling the same and after realizing the amount from sale proceeds, there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred loan - Loan was given on two dates and the last instalment was given on 05.02.1997 - Cheque was issued on 22.09.2000, which is beyond the period of three years - Trial Court held that debt is not legally enforceable debt as recovery of debt was time barred and, therefore, acquitted the..........
