Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Sent to one `V' and `S' - Both of them neither drawer of cheque or accused in the complaint case and for this reason alone it must be held that legal notice was not properly addressed and sent to accused - Accused rightly held, not guilty of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self cheque issued by drawer without endorsement attracts S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - From reply to notice, intention of drawer is clear that he does not wish to make payment - Complainant need not to wait for 15 days to file complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques drawn need not be in discharge of drawer's liability alone...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - When notice is sent by registered post, presumption of deemed service u/s 27 of General Clauses Act arises, provided it is proved to be dispatched in correct address of noticee - S.138(b) of the Act does not insist that actual receipt of notice by drawer of cheque must be proved...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - Admittedly, disputed cheque was given for security only and was not issued to discharge any date or other liability - Even, complainant could not establish before trial Court that there was any debt or other liability towards drawer of cheque - Acquittal upheld - Leave to..........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Statue does not provide that number of cheque shall be mentioned in the notice - What is required is a demand by giving a notice in writing to drawer of cheque for payment of amount covered by cheque...........
