Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Day on which cause of action accrues has to be excluded for reckoning period of limitation for filing complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Holder in due course - Loan taken from `A' - Cheque issued in favour of wife of `A' - Cheque dishonoured - Wife of `A' is entitled to prosecute accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding of civil court that cheques were issued towards legally enforceable debt and liability - Held, it is not open to Criminal Court to take different view...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - One complaint can be filed though there was one demand notice - In the instant case one complaint filed in respect of four cheques - No illegality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - Notice in respect of one cheque not valid - Does not make the entire notice invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Can be enforced by imposing a sentence in default...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal - Suspension of sentence during pendency of appeal - Condition of depositing compensation amount can be imposed - When amount of compensation is heavy Court can direct deposit of a reasonable amount - In exceptional cases it can be granted without requiring deposit of compensation amount - In the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan raised by executing promissory note - Subsequently cross cheque issued - Non production or loss of promissory note - By itself not a circumstance that there was no legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan raised by executing promissory note - Subsequently cross cheque issued - Mere non filing of suit for recovery of amount borrowed under promissory note - By itself not a circumstance to conclude that there was no legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Failure of drawer to reply - It is one of the strong circumstances to draw an inference that the accused borrowed the amount and the cheque was issued towards payment of the legally enforceable debt...........
