Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued but no complaint filed - Cheque can be presented for the second time and complaint filed on fresh cause of action in case : (i) Envelope addressed to the complainant is lost or damaged or destroyed in transit; (ii) the letter does not reach the respondent for want of correct address; (iii)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice sent - Receipt of notice denied - On the other hand prayer made for dismissal of complaint on plea that complaint is barred by time in view of notice served by complainant - Held, these are inconsistent pleas and are self contradictory and an afterthought which is apparently carved out to resist..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action - If the cheques are dishonoured and no demand notice is issued, then the cause of action does not accrue under Section 138 of the Act - Cause of action accrues only when, after receipt of information of dishonour of a cheque; (a) a written notice is given within 15 days to the drawer..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Limitation - There being no notice consequent upon the first dishonour of cheques on 18.02.1998, there was no impediment to the petitioner presenting them again as long as they were valid - Notice dated 15.04.1998 consequent upon the second dishonour on 04.04.1998 was within time -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signed blank cheque - Defence that a signed blank cheque was handed over by an account holder is inherently suspicious - Burden rests heavily on shoulders of account holder to claim absolution from culpable liability...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Notice returned with endorsement that addressee did not claim the notice and the persons in occupation did not receive the intimation and not as 'No such addressee' - Presumption that addressee resides at that address is proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Revision - Every error is not justification for invoking revisional powers - Unless the alleged infraction of procedure resulted in miscarriage of justice, revisional jurisdiction cannot be invoked...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partner - Not liable if he merely derives profits from the company - To make a partner liable he must be in charge of and responsible to the firm in the conduct of business of firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Sleeping partner - Not liable - Mere fact that a partner has financial stake in the business of the firm is not sufficient in itself to attract culpable liability under Section 141(1) of the Act - To attract culpable liability a partner must be in charge of and responsible to the..........
Negotiable Instruments Act, 1881, Section 138 -- L.R's - Proceedings u/s 138 cannot be initiated against legal heirs of the person who issued the cheque...........
