Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque dishonoured for insufficiency of funds - Notice not issued - Cheque presented again - No illegality - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice not issued - Cheque again presented and again dishonoured - Notice issued - Complaint filed on basis of second dishonour - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, 140, Constitution of India, 1950, Article 14 -- `Mens rea' is not an essential ingredient for constituting an offence under S.138 - S.140 which excludes the defence that the drawer had no reason to believe that the cheque issued by him may be dishonoured on presentment not unreasonable or violative of article 14 of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheques issued at place `M' and the same presented for collection at place `M' - Cheque dishonoured by the bank at place `J' and intimation of dishonour received at place `M' - Held, Court at place `M' has jurisdiction to try the case...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint to be read alongwith the sworn statement - Should not be read disjunctively - `Refer to drawer' are susceptible to more explanations than one - If in the sworn statement the complainant states that cheque was dishonoured for want of sufficient amount, it is sufficient...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque presented several times - Notice issued only when the cheque was dishonoured for the last time - Proceedings are maintainable on the basis of subsequent dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Stop payment - Nowhere complainant says that the cheque was dishonoured due to want of sufficient amount in the account - Held, complaint rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued on different dates and presented to bank on different occasions - Last cheque dishonoured on 30.7.1990 and notice given on 23.1.1991 - Complaint does not prima facie show commission of offence...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice issued - Complaint not filed - Cheque presented again and cheque again dishonoured - Complaint filed - Held, complaint is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - Notice Issued - Accused promising to make payment within four months - Accused not making payment - Cheque presented again - Cheque dishonoured for the second time - Notice issued and prosecution launched thereafter - Held, prosecution launched is not valid...........
