Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing - Contention of petitioner that payments were made towards the amount payable under cheques - Held, it would be for the trial Court to decide the question of payment at appropriate stage in accordance with law - Proceedings pending in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cause of action - Arises only on failure of the drawer to make payment within 15 days of the receipt of notice - Complaint filed before expiry of 15 days is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Refusal to accept on 26.5.1990 - Notice to the respondent can be imputed only on 26.5.1990, the date of refusal of the notice - Complaint filed on 2.6.1990 - Held, complaint filed before the expiry of 15 days of the receipt of notice is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114, General Clauses Act, 1872, Section 27 -- Notice - Registered notice - If the letter is sent by post pre-paid and properly addressed and posted by registered post to addressee - Addressee can be imputed with the knowledge of contents of notice...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Adjournment of complaint to some other date to examine the complainant under S.200 Cr.P.C. - Does not constitute taking cognizance of the offence...........
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 - Mere taking of loan is not made punishable by S.138 of NI Act - Incurring a loan, a person could not be made liable criminally - It is the act of issuance of a cheque for discharge of a debt liability which has only been made punishable...........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 14, 21 -- Dishonour of cheque - Plea of ultra vires of S.138 of NI as makes punishable certain acts in respect of cheques only and not other Negotiable Instruments described under NI Act - S.138 introduced as business transactions issuance of cheques to discharge a debt or other liability..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Once the cheque is issued by the drawer a presumption under Section 139 must follow - Merely because the drawer issues a notice to the drawee or to the Bank for stoppage of the payment it will not preclude an action under Section 138 of the Act by the drawee or the holder of a cheque in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Mens rea - For committing an offence under S.138 of the Act mens rea is not an essential ingredient...........
