Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Material alteration - As S.18 of the Act provides that banker will honour a cheque based on amount written in words, being material part of cheque - Substantial difference between amount of cheques - This is insertion or correction which requires an attestation by the drawer..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership - Partners - Absence of averments in complaint that partners are Incharge of and responsible to the firm for the conduct of the business of the firm - Order of Magistrate discharging the appellants restored...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque reaching drawers bank beyond six months from its date - Acquittal is justified...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque given as security - Cheque bounced - Comes within fold of S.138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque - When given towards liability or even as security, when the liability is assessed and quantified, if cheque is filled up and presented to bank, person who had drawn the cheque cannot avoid liability under section 138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Limitation - One month - Period of one month cannot be read/taken as period of 30 days...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Not issued within 15 days of receipt of notice from bank regarding dishonour of cheque - Notice is not valid...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint barred by limitation - Magistrate cannot take cognizance of same by treating complaint as one under Indian Penal Code regarding offence of heating where complaint does not make out case of offence under Indian Penal Code...........
Negotiable Instruments Act, 1881, Section 138 -- Components of the offence of dishonour of cheque, punishable u/s 138 of N.I. Act are: (1) Drawing of the cheque; (2) Presentation of the cheque to the Bank; (3) Returning the cheque unpaid by the drawer bank; (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount; and (5) Failure of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Business transaction taking place at a number of places - Complainant can file complaint in any of the Courts where transactions took place - Choice is of the complainant...........
