Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Compliant can be filed within the jurisdiction of Court, where payee bank is situated, as per S.142(2)(a) of the Act...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complainant as payee u/s 7 of N.I. Act or holder in due Course u/s 9 of N.I.Act - Entitled to seek `Leave' u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - Strict liability - Can be enforced only when cheque is issued in discharge of any legally enforceable debt or other liability partly or wholly - Onus lies on complainant to establish that cheque was signed by drawer in discharge of `Legally Enforceable..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Payee/holder in due course of cheque alone competent to file complaint u/s 138 of the Act - In case payee is company, complaint necessarily be filed in name of company - Company being juristic person can act only through representative authorised by Board of Directors..........
Negotiable Instruments Act, 1881, Section 138, 139, 141, 142 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney filing complaint u/s 138 of the Act and deposing on behalf of payee must have personal knowledge of transaction in question...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Cheque even if issued as a security for payment, it is a negotiable instrument at the hands of payee - Merely because it is issued as a security is no ground to exonerate the penal liability...........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Pre-mature complaint - Filed before expiry of 15 days from the date of receipt of notice - Complaint cannot be entertained, as drawer/accused cannot be said to have committed any offence till then - However, it is open to payee or holder to file fresh complaint within a month from the date of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Law as to - (a) Cheque issued of an account which was already closed; (b) Bank account closed after issuance of cheque; (c) Bank account closed by Bank without knowledge of account holder (for example treating the account as a non performing account) - (aa) When cheque is issued..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A -- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a right to defend..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Successive presentation of cheque - Neither S.138 of the Act nor S.142 of the Act or any other provision contained in the Act forbids holder or payee of cheque from presenting the cheque for encashment on any number of occasions within a period of six months of its issue or within a period of its..........
