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...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Merely being a director of a company is not sufficient to make the person liable - There should be a clear averment in the 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 - Without there..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Criminal complaint - Prosecution if ultimately found to be frivolous or otherwise mala fide, Court may direct registration of case against complainant for mala fide prosecution of accused - Accused is also entitled to file a suit for damages...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitting signature and amount mentioned in cheque - Failure of accused to give reply to legal notice or adduce rebuttal evidence - Mere variation in evidence of complainant will not come in his way to show that the cheques issued by was for legally recoverable debt - Therefore, accused liable..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through private courier service - Presumption of service of notice is not available - Presumption of service of notice is available only when notice is sent by post, properly addressed, prepaying and sent by registered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at the place where money was intended to be paid has jurisdiction - Court at place where cheque was presented for realisation has no jurisdiction to try the offence...........
