Negotiable Instruments Act, 1881, Section 138 -- Stay of complaint pending civil proceedings - Agreement between complainant and accused - Accused issuing a cheque in pursuance of the agreement - Cheque dishonoured - Criminal complaint under Section 138 - Dispute over the agreement also pending in the civil Court - Proceedings in Criminal complaint cannot be stayed...........
Negotiable Instruments Act, 1881, Section 138 -- Post dated cheque - Account closed prior to the date written on the cheque - Offence is committed - In the instant case cheque drawn on 5.9.1990 bearing the date 5.1.1991 - Account closed on 17.12.90 - Cheque presented for collection and dishonoured on account of `Account closed' - Held, provisions of S.138 are attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Company - Cheque issued by a Director of the Company on behalf of the Company - Cheque dishonoured - Notice demanding payment issued to the Director who issued the cheque - Notice not required to be issued to other directors of the Company...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of payment of cheque - Not necessary to mention amount of dishonoured cheque - Amount of cheque can safely be presumed to be known to drawer...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Court within whose jurisdiction the cheque is dishonoured has got jurisdiction to entertain the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued, presented, dishonoured and intimation of dishonour received at Bhilai - Complaint filed at Raipur where the complainant had its principal office - Offence ripening only on failure to pay the amount - Amount payable at the place of complainant - Held, Court at Raipur has jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138 -- No sufficient funds in account on the date of issuance of cheque - Funds made available when cheque was presented - There is no presumption of dishonesty - S.138 gets attracted only when cheque is dishonoured...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Cheque dishonoured - Notice issued - No complaint filed - Cheque again presented on request of accused - Cheque again dishonoured - Drawee competent to prosecute under S.138 on second dishonour...........
Negotiable Instruments Act, 1881, Section 138, 118(g), 9 -- Bearer cheque - Dishonoured due to insufficiency of funds - There is presumption under S.118(g) that holder of a negotiable instrument is a holder in due course - Under Section 118(a), there is a presumption that every negotiable instrument was made or drawn for consideration - This presumption is, however,..........
Negotiable Instruments Act, 1881, Section 138 -- `Cause of action' - Does not arise merely on the cheque being dishonoured - It arises only on failure to make the payment within fifteen days of the receipt of notice...........
