Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of amount lesser than the cheque amount - Statutory notice is defective and will not give rise to cause of action u/s 138 of the Act, in strict sense - However, taking note of fact that it is not a single cheque but two cheques of different dates for different amounts, enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Fact regarding delivery of goods under two invoices and issuance of two cheques is proved directly and also proved by corresponding ledger entries - Payment of Rs.7 lakhs towards part payment of goods sold under said two invoices is an undisputed fact - Defence taken by accused that goods..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint was filed at the place where cheque was presented in the branch falling within jurisdiction of Court - However, same was retuned in view of unamended provision of S.142 of the Act - Amendment in S.142 of the Act has retrospective effect - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Parties compromised - Two complaints dismissed on the basis of compromise but third complaint retained - Compromise failed - It was incumbent upon Magistrate to have proceeded with the third complaint in accordance with law without taking recourse to the compromise in question - Order..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - If payee or holder of cheque made alteration with consent of drawer on cheque, such alteration cannot be a ground to resist right of payee or holder thereof...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date of cheque - Accused produced Xerox copy of cheque wherein bank seal is visible - That itself disclosed that after bouncing of cheque it was xeroxed and it is evident that when cheque was issued, it was already tampered as the date was altered and it was within knowledge of accused - A..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Prayer to call for a copy of newspaper from the publisher - Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
