Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction of Court - When cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of bank where payee or holder in due course maintains the account and within the jurisdiction of Court, where such cheque was presented for collection will..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question neither signed by accused nor drawn on a bank account maintained by him - Cheque is signed by father of accused - There is no liability of accused - Order of trial Court acquitting accused confirmed...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - Extension of time - Accused is ready and willing to deposit amount as directed by lower Court - However, on account of his medical condition, he could not deposit the same within time period granted by Court below - Accused granted four weeks more time to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In bank memo reason for dishonour of cheque mentioned `account blocked' - However in notice and complaint reason for dishonour of cheque is mentioned as `Insufficient funds' - There is significant defect in complaint as cause of action of dishonour of cheque is wrongly mentioned - Cause of action shown..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account blocked as there was conflict amongst partners - Complaint not quashed on this ground as it can be decided during trial only as to whether there was sufficient balance in the account to pay the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Fine/Compensation - Directions to pay compensation in regard to the loss on account of dishonour of cheque should be practical and realistic - In the instant case cheque amount was Rs.7.75 lakhs and a fine of Rs.1,000/- only was imposed - Accused to pay a fine of Rs.10.00 lakhs in addition..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of security cheque - Accused failed to produce evidence to prove that cheque was issued as security in favour of complainant - However, complainant successfully proved on record that cheque was issued by accused in discharge of his lawful liability but same was dishonoured on account of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - Cheque issued from joint account of petitioner and co-accused - However, cheque was not signed by petitioner - Petitioner not being drawer of cheque, cannot be prosecuted - Complaint qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife cannot be proceeded with for the offence u/s 138 of the Act - Proceedings against wife quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
