Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post at correct address - Notice if received back with postal endorsement that premises is found locked or the addressee is not available then notice is deemed to be served on the addressee unless addressee proves that he had no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence of simple imprisonment and fine - Appeal against - Appeal/Revision cannot be dismissed for non deposit of amount of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissed in default for single instance of non appearance of complainant - Complaint ordered to be restored to be decided on merits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Delay - Application for condonation of delay not filed alongwith complaint - It is a curable defect - Complainant directed to file affidavit setting out reasons for delay in filing complaint and trial Court directed to provide opportunity to accused to raise their defence - If Court is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Cheque dishonoured and in lieu thereof second cheque issued - Cheque number of second cheque not mentioned in notice - Held, it cannot be said that notice is not valid...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - It is not necessary that in the complaint the words u/s 141 of the Act should be verbatim quoted - The purpose would be served if the averments, by whatever words used, makes it clear that the person was in-charge and responsible to the company for the conduct of the business of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - 'Accused are Directors and Executive of the Company' - Meaning - When Director is also executive, he is an officer with executive powers, charged with administrative work and is a person with senior managerial responsibility in the business - No fault can be found in the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused evaded service of notice - Defence with regard to service of notice not raised in trial Court - Such a plea is not available in revision - Proviso to S.138 of Negotiable Instruments Act is meant for honest drawer and not to protect the unscrupulous drawers...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Quashing of - Plea that goods were rejected and complainant was not entitled to get the cheque encashed - Summoning order cannot be quashed on this ground - Plea is available at the time of defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque-Cheques cannot issued for valuable consideration if obtained by complainant blank without even mentioning the amount or date - Offence u/s.138 not committed...........
