Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan - Cheque will continue to be one issued for discharge of liability as contemplated under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Complaint against company and its Directors - Specific averment has to be made in complaint that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Complaint against firm and its five partners - Averment in complaint that all the partners were incharge and responsible persons of the firm - No ground made out to quash the proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Pre mature complaint - Complaint not to be dismissed - Complaint can be kept pending for taking cognizance when cause of action arises to the complainant or it may be returned to complainant for filing it later...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Seven cheques issued on different dates - Separate notices issued - Seven complaints are maintainable - However, in case single notice is issued then all the transactions covered by the notice would be regarded as a single transaction, permitting a single trial...........
Negotiable Instruments Act, 1881, Section 138, 143 -(As amended) - Dishonour of cheque - Fine exceeding Rs.5, 000/- can be imposed in view of amended provision of S.143 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Seven cheques issued on different dates - Separate notices issued - Seven complaints filed - Trial for each offence held separately and accused convicted - Held, it is not obligatory for the trial Court to direct in all cases that subsequent sentence shall run concurrently with the previous sentence -..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Blank cheque - It is open to a person to sign and deliver a blank or incomplete cheque and is equally open for the holder of cheque to fill up blanks and specify the amount therein...........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Undated cheque - When a drawer deliver a signed cheque, he gives an authority to the holder to put a date of his choice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Acquittal - Appeal against - It is necessary for Appellate Court to find out as to what facts are established and whether on the basis of such facts, any presumption get attracted or rebutted in order to draw appropriate inferences...........
