Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Dishonour of cheque - Vicarious liability - Complaint against Company, its Chairman, Managing Director, nine Directors and three officers of the Company - Complaint against Chairman and others quashed - Nothing on record to show that there was any act committed by them to draw the inference that they were..........
Negotiable Instruments Act, 1881, Section 138 -- Cause of action - Arises only once - Complaint filed after issuing a second notice and after 45 days of receipt of the first notice by the drawer - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Dishonour of cheque - Notice sent but no complaint filed - Complaint filed after third dishonour of cheque - Complaint quashed - Cause of action arises only once when first notice is sent...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Drawee is required to send 15 days notice to drawer demanding payment - Complaint should be filed within one month of receipt of notice by the drawer - Starting date of period of 15 days is the date of receipt of notice by the drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - No form of notice is prescribed - Notice should only be in writing...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 15 days clear time to be given to the accused for making payment after receipt of notice - Complaint filed on 14th day of notice - Complaint premature and liable to be dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued as a security to make payment of the liability of another company - Even if the cheque is issued as security or in discharge of liability of any other person, it amounts to a liability which has been undertaken by the drawer of the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Cheque presented for collection at place `K' - Cheque dishonoured - Notice demanding the amount due issued from Registered office of the company located at place `H' - Payment not made within the prescribed period of 15 days - Complaint filed in Court at place `H' - Proper - Complaint need not be filed at the..........
Negotiable Instruments Act, 1881, Section 138 -- When a cheque is issued as a security, no complaint lies under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Proof - It is sufficient to summon a copy of the relevant account - Unnecessary summoning of Bank Managers deprecated...........
